T

RI

United StatesEnvironmental Protection Agency

Office of PollutionPrevention and ToxicsWashington, DC 20460

January 1999EPA 745-B-99-001

EPCRA Section 313Industry Guidance

METAL MINING FACILITIES

Section 313 of theEmergency Planning andCommunity Right-to-Know Act

Toxic Chemical Release Inventory

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TABLE OF CONTENTS

OVERVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv

Chapter 1 - Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1

1.0 PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-11.1 Background on EPCRA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

Chapter 2 - Reporting Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1

2.0 PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-12.1 Must You Report? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-12.2 Definition of “Facility” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-32.3 SIC Code Determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-42.4 Number of Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-82.5 Manufacturing, Processing, and Otherwise Use of EPCRA

Section 313 Chemicals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-92.6 Activity Thresholds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-102.7 How Do You Report? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-122.8 Form R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-122.9 Form A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-132.10 Trade Secrets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-142.11 Recordkeeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-15

Chapter 3 - EPCRA Section 313 Threshold Determinations . . . . . . . . . . . . . . . . . . . . . . . . . . 3-1

3.0 PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-13.1 Step 1 - Determining which EPCRA Section 313 chemicals are

manufactured (including imported), processed, or otherwise used . . . . . . . . . . 3-13.2 Step 2. Determining the quantity of each EPCRA Section 313 chemical

manufactured (including imported), processed, or otherwise used . . . . . . . . . . 3-93.2.1 Concentration Ranges for Threshold Determination . . . . . . . . . . . . . 3-243.2.2 Evaluation of Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-26

3.2.2.1 Overburden Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-263.2.2.2 Laboratory Activities Exemption . . . . . . . . . . . . . . . . . . . . . . 3-273.2.2.3 De Minimis Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-273.2.2.4 Article Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-293.2.2.5 Exemptions that Apply to the Otherwise Use of

EPCRA Section 313 chemicals . . . . . . . . . . . . . . . . . . . . . . . 3-303.2.3 Additional Guidance on Threshold Calculations for

Certain Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-323.2.3.1 Reuse Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-323.2.3.2 Remediation Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-32

3.3 Step 3. Determine which EPCRA Section 313 chemicals

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exceed a threshold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-33

Chapter 4 - Estimating Releases and Other Waste Management Quantities . . . . . . . . . . . . . . . 4-1

4.0 PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-14.1 General Steps for Determining Releases and Other

Waste Management Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-34.1.1 Step 1: Identify Potential Sources of Chemical Release

and Other Waste Management Activities . . . . . . . . . . . . . . . . . . . . . . . 4-34.1.2 Step 2: Prepare a Process Flow Diagram . . . . . . . . . . . . . . . . . . . . . . 4-44.1.3 Step 3: Identify On-Site Releases, Off-Site Transfers and/or

On-Site Waste Management Activity Types . . . . . . . . . . . . . . . . . . . . 4-44.1.4 Step 4: Determine the Most Appropriate Method(s) to Develop the

Estimates for Releases and Other Waste Management Activity Quantities and Calculate the Estimates . . . . . . . . . . . . . . . . . 4-144.1.4.1 Monitoring Data or Direct

Measurement (code M) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-154.1.4.2 Mass Balance (code C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-164.1.4.3 Emissions Factors (code E) . . . . . . . . . . . . . . . . . . . . . . . . . . 4-174.1.4.4 Engineering Calculations (code O) . . . . . . . . . . . . . . . . . . . . . 4-184.1.4.5 Estimating Releases and Other Waste Management

Quantities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-194.1.5 Other Form R Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-22

4.1.5.1 Maximum Amount On-Site (Part II, Section 4.1 of Form R) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-22

4.1.5.2 Production Ratio or Activity Index (Part II, Section 8.9 of Form R) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-22

4.1.5.3 Source Reduction (Part II, Sections 8.10 and 8.11 of Form R) . . . . . . . . . . . . . . . . . . . . 4-23

4.2 Calculating Release and Other Waste Management Estimates at Metal Mining Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-244.2.1 Air Emissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-254.2.2 Wastewater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-344.2.3 Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-374.2.4 Transfers Off-site (Not Including Transfers to POTWs) . . . . . . . . . . 4-42

Appendix A TRI Guidance Resources

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OVERVIEW

On May 1, 1997, the U.S. Environmental Protection Agency (EPA) promulgated a finalrule (62 FR 23834) adding several new industrial sectors to the list of facilities subject to the Emergency Planning and Community Right-To-Know Act (EPCRA) Section 313 reportingrequirements. Facilities affected by this rule are subject to the annual reporting requirementsbeginning with activities conducted during the 1998 calendar year, with their first reports due byJuly 1, 1999.

This document supersedes the document entitled Section 313 Emergency Planning andCommunity Right-to-Know Act, Guidance for Metal Mining Facilities (Version 1.1), dated April1998. It is intended to assist establishments and facilities designated by Standard IndustrialClassification (SIC) Major Group 10 (except SIC codes 1011, 1081, and 1094) in makingcompliance determinations under the EPCRA Section 313 reporting requirements and preparingForm R(s) or the Form A certification statement(s) as required. The EPCRA Section 313program is commonly referred to as the Toxic Chemical Release Inventory (TRI) program.

The principal differences in the new document include the following:C More detailed examples;C Additional interpretive guidance prepared by EPA on various issues specific to

metal mining facilities; C Industry process issues not discussed in the earlier document; andC General format changes for program consistency.

This document is designed to be a supplement to the Toxic Chemical Release InventoryReporting Forms and Instructions (TRI Forms and Instructions), issued annually. It is organizedto provide a step-by-step guide to compliance with EPCRA Section 313, starting with how youdetermine if your facility must report through completion of the Form R or Form A. Whilecertain information provided in this document may be used as a reference, specific informationavailable to facilities, such as amounts of chemicals in mixtures and other trade name productsused at the facility, may be more accurate and more appropriate for use in developing thresholddeterminations and estimating releases and other waste management amounts. Under EPCRASection 313, facilities are instructed to use the best “readily available data”, or when such data arenot available, use “reasonable estimates”, in fulfilling their reporting requirements. Thisdocument is organized in the following manner.

Chapter 1 serves as an introduction to TRI reporting and provides a brief background onthe Emergency Planning and Community Right-to-Know Act and information on where to obtainadditional compliance assistance.

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Chapter 2 begins with how to determine if your facility must report. This determination isbased on your answers to a series of four questions:

1. Is your facility’s primary SIC code on the EPCRA Section 313 list?

2. Does your facility employ ten or more full time equivalent employees?

3. Does your facility manufacture, process, or otherwise use any EPCRA Section 313chemicals?

4. Does your facility exceed any of the activity thresholds for an EPCRA Section 313chemical?

If the answer to ANY ONE of the four questions above is “No” you are not required tosubmit an EPCRA Section 313 report. If you answer “Yes” to ALL four questions, the next stepis determining which form(s), Form R or Form A, your facility should file. Chapter 2 providesdetailed information on the requirements for each kind of submission.

Chapter 2 concludes with a discussion on how you address trade secrets in your reportingand the kinds of records you should be keeping to support your reporting.

Chapter 3 discusses how you calculate the activity thresholds (manufacture, process, andotherwise use) for the EPCRA Section 313 chemicals. Information is provided on how youdetermine which EPCRA Section 313 chemicals your facility manufactures, processes, orotherwise uses and how you calculate the quantities of each. Detailed information is alsoprovided on the various exemptions.

Chapter 3 concludes with a discussion of how to determine which EPCRA Section 313chemicals exceed a reporting threshold, including focused discussions on issues specific to metalmining facilities.

Chapter 4 discusses how you calculate the release and other waste management amountsfor those EPCRA Section 313 chemicals for which you must prepare a report. This chapterprovides a step-by-step approach designed to minimize the risk of overlooking an activityinvolving an EPCRA Section 313 chemical and any potential sources or types of releases andother waste management activities that your facility may conduct. This procedure consists of thefollowing steps:

C Identification of potential sources of EPCRA Section 313 chemicals released andotherwise managed as wastes;

C Preparation of a detailed process flow diagram;C Identification of the potential types of releases and other waste management

activities from each source; andC Determination of the most appropriate methods for estimating the quantities of

EPCRA Section 313 chemical releases and other waste management activities.

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The main part of Chapter 4 is organized around activities common to metal miningfacilities where EPCRA Section 313 chemicals are manufactured, processed, or otherwise used. Process descriptions; guidance on thresholds determinations; release and other waste managementestimation techniques; and problems these types of facilities are likely to face in complying withEPCRA Section 313 are also presented in this chapter.

This document includes examples of chemical management activities that metal miningfacilities may conduct, illustrating how these activities should be considered for EPCRA Section313 reporting purposes. This chapter also notes areas where potential errors in reporting mightbe encountered generally by metal mining facilities, which are based on information from writtencomments received from industry representatives as well as from comments made by participantsin EPA-sponsored EPCRA workshops.

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Chapter 1 - Introduction

1.0 PURPOSE

The purpose of this guidance document is to assist metal mining facilities in Major Group10 except for SIC codes 1011, 1081, and 1094 to comply with the reporting requirements ofSection 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA)and of Section 6607 of the Pollution Prevention Act of 1990 (PPA), commonly referred to as theToxic Release Inventory (TRI). On May 1, 1997, EPA promulgated a rule (62 FR 23834) torequire metal mining facilities, along with other industry groups, to be included on the list offacilities subject to the EPCRA Section 313 reporting requirements. The new facilities are subjectto annual reporting requirements beginning with activities occurring in the 1998 calendar year,with the first reports due by July 1, 1999.

This document explains the EPCRA Section 313 and PPA Section 6607 reportingrequirements (collectively referred to as the EPCRA Section 313 reporting requirements) anddiscusses specific release and other waste management activities encountered at many facilities inthis industry. Because each facility is unique, the recommendations presented may have to beadjusted to the specific nature of operations at your facility.

This document supersedes the document entitled Section 313 Emergency Planning andCommunity Right-to-Know Act, Guidance for Metal Mining Facilities, dated October 1997.

The document is intended to supplement the Toxic Chemical Release Inventory ReportingForms and Instructions (TRI Forms and Instructions) document which is updated and publishedannually by the U.S. Environmental Protection Agency (EPA). It is essential that you use themost current version of the TRI Forms and Instructions to determine whether (and how) youshould report. Changes or modifications to TRI reporting requirements are reflected in the annualTRI Forms and Instructions and should be reviewed before compiling information for the report.

The objectives of this manual are to:

C Clarify EPCRA Section 313 requirements for industry;

C Increase the accuracy and completeness of the data being reported by metal miningfacilities; and

C Reduce the level of effort expended by those facilities that prepare an EPCRASection 313 report.

While it is not possible to anticipate every potential issue or question that may apply toyour facility, this document attempts to address those issues most prevalent or common to metalmining facilities. Facilities should also rely on EPA’s Estimating Releases and Waste TreatmentEfficiencies for the Toxic Chemical Release Inventory Form document to assist in providingcomplete and accurate information for EPCRA Section 313 reporting. Additional discussionaddressing specific issues can be found in EPA’s current version of EPCRA Section 313

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Questions and Answers. All of these documents are available on the EPA’s TRI website(http://www.epa.gov/opptintr/tri) or by contacting the EPCRA Hotline at 1-800-424-9346. In theWashington, DC metropolitan area, call 703-412-9810. The EPCRA Hotline TDD number is 1-800-553-7672, or in the Washington, DC metropolitan area, call 703-412-3323.

1.1 Background on EPCRA

One of EPCRA’s primary goals is to increase the public’s knowledge of, and access to,information on both the presence and release and other waste management activities of EPCRASection 313 chemicals in their communities. Under EPCRA Section 313, certain facilities (seeSIC code discussion, Chapter 2.3) exceeding certain thresholds (see Chapter 2.5) are required tosubmit reports (commonly referred to as Form Rs or Form A certification statements) annually forover 600 EPCRA Section 313 chemicals and chemical categories and the amounts that enter anenvironmental medium or are otherwise managed as waste, even if there are no releases or otherwaste management quantities associated with these chemicals. Chemicals are considered by EPAfor inclusion on the EPCRA Section 313 list based on their potential for acute health effects,chronic health effects, and environmental effects. Chemicals may be added or deleted from thelist. Therefore, before completing your annual report, be sure to check the most current listincluded with the TRI Forms and Instructions when evaluating the chemicals managed at yourfacility. Copies of the reporting package can be requested from the EPCRA Hotline, as indicatedabove, or from the Internet at http://www.epa.gov/opptintr/tri/report.htm.

All facilities meeting the EPCRA Section 313 reporting criteria must submit either a FormR or Form A. A separate submission is required for each EPCRA Section 313 chemical orchemical category that is manufactured (including imported), processed, or otherwise used abovethe reporting threshold. Reports must be submitted to EPA and State or Tribal governments, onor before July 1, for activities in the previous calendar year. The owner/operator of the facility onJuly 1 of the reporting deadline is primarily responsible for the report, even if the owner/operatordid not own the facility during the reporting year. However, property owners with no businessinterest in the operation of the facility, for example, owners of an industrial park who only have areal estate interest, are not responsible for any reporting requirements.

EPCRA also mandates that EPA establish and maintain a publicly available databaseconsisting of the information reported under Section 313, and applicable PPA information. Thisdatabase, known as the Toxic Chemical Release Inventory (TRI), can be accessed through thefollowing sources:

C National Library of Medicine (NLM) TOXNET on-line system; C EPA’s Internet site, http://www.epa.gov/opptintr/tri;C Envirofacts Warehouse Internet site,

http://www.epa.gov/enviro/html/tris/tris_overview.html;C CD-ROM from the Government Printing Office (GPO);C Microfiche in public libraries;C Magnetic tape and diskettes from the National Technical Information Service; andC EPA’s annual TRI data release materials (summary information).

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In addition to being a resource for the public, TRI is also used in the research anddevelopment of regulations related to EPCRA Section 313 chemicals.

Alternative Submission (Form A)

To reduce the burden for facilities that must comply with EPCRA Section 313, EPA hasestablished an alternate threshold of one million pounds manufactured, processed, or otherwiseused for facilities with total annual reportable amounts of 500 pounds or less of the EPCRASection 313 chemical. Provided the facility does not exceed either the reportable amount or thealternate threshold, the facility may file a certification form (Form A) rather than a Form R. Byfiling the Form A, the facility certifies that it did not exceed the reportable amount or exceed thealternate threshold. (See Chapter 2.9 for more detail.)

Note that the annual reportable amount includes the quantity of EPCRA Section 313chemicals in all production-related waste management activities, not just releases (see the wastemanagement discussion in Chapter 4 for more detail). Also, a covered facility must submit eithera Form A or a Form R for each EPCRA Section 313 chemical exceeding an applicable reportingthreshold even if there are no releases or other waste management quantities.

Enforcement

Violation of Section 313 reporting provisions may result in federal civil penalties of up to$27,500 per day. State enforcement provisions may also be applicable depending on the state’sadoption of any “EPCRA Section 313-like” reporting regulations.

Regulatory Assistance Resources

The TRI Forms and Instructions also contain a discussion of common problems incompleting the Form R. You are encouraged to read this section before filling out the Form R (orForm A) for your facility. If, after reading both the TRI Forms and Instructions and this guidancedocument, you still have questions about EPCRA Section 313 reporting, please contact theEPCRA Hotline at 1-800-424-9346, or 703-412-9810 in the Washington, DC metropolitan area.The EPCRA Hotline TDD number is 1-800-553-7672, or in the Washington, DC metropolitanarea, call 703-412-3323. Assistance is also available from the designated EPCRA Section 313Coordinator in the EPA regional office and the EPCRA contact in your state (see the TRI Formsand Instructions for a current list of these contacts). Appendix C contains a list of additionalreference sources.

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Chapter 2 - Reporting Requirements

2.0 PURPOSE

The purpose of this chapter is to help you determine whether you must prepare an EPCRASection 313 submission(s) and, if so, what kind of a submission(s) you should prepare (Form R orForm A). This chapter presents the EPCRA Section 313 reporting requirements to help youdetermine whether these requirements apply to your facility. It also discusses the records that youmust keep. The following terms and concepts are described in this chapter to help you understandthe scope of Section 313 reporting and determine whether you need to report, including:

C Definition of facility;C SIC code determination;C Employee determination;C Definitions of manufacture, process, and otherwise use; andC Determination of whether you exceed one of the thresholds.

2.1 Must You Report?

How do you determine if your facility must prepare an EPCRA Section 313 report? Thisis decided by your answers to the following four questions (illustrated by Figure 2-1):

1) Is the primary SIC code(s) for your facility included in the list covered by EPCRASection 313 reporting (see Chapter 2.3)?

2) Does your facility employ 10 or more full time employees or the equivalent (seeChapter 2.4)?

3) Does your facility manufacture (which includes importation), process, or otherwiseuse EPCRA Section 313 chemicals (see Chapter 2.5)?

4) Does your facility exceed any applicable thresholds of EPCRA Section 313chemicals (25,000 pounds per year for manufacturing; 25,000 pounds per year forprocessing; or 10,000 pounds per year for otherwise use - see Chapter 3)?

If you answered “No” to any of the four questions above, you are not required to prepareany submissions under EPCRA Section 313. If you answered “Yes” to ALL of the first threequestions, you must perform a threshold determination for each EPCRA Section 313 chemical atthe facility, and submit a Form R or Form A for each chemical exceeding a threshold.

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Figure 2-1. TRI Reporting Determination Diagram

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2.2 Definition of “Facility”

To understand the applicability of EPCRA Section 313, you must first understand howEPCRA defines a facility. The term “facility” is defined as “all buildings, equipment, structures,and other stationary items which are located on a single site or on contiguous or adjacent sites andwhich are owned or operated by the same person (or by any person which controls, is controlledby, or is under common control, with such person). A facility may contain more than oneestablishment” (40 CFR 372.3). An “establishment” is defined as “an economic unit, generally ata single physical location, where business is conducted, or services or industrial operations areperformed” (40 CFR 372.3).

EPA recognizes that some facilities have unique and separate activities (“establishments”)taking place at the same facility, and for some of these facilities it may be easier and moreappropriate for individual establishments to manage their chemical usage and managementinformation separately. EPA provides for these cases and allows individual establishments at thesame facility to report separately. However, for threshold determinations, quantities of EPCRASection 313 chemicals manufactured, processed, or otherwise used in all establishments in thatfacility must be combined and considered together. Also, the combined releases and other wastemanagement activities reported separately for each establishment must equal those for the facilityas a whole.

Example - Multiple Establishments

Your facility is comprised of two different establishments, and has determined that it is covered by EPCRASection 313. One establishment used 3,000 pounds of an EPCRA Section 313 chemical to beneficiate an oreduring the year. Another establishment used 8,000 pounds of the same chemical for on-site cleaning processesduring the year. Both activities constitute an “otherwise use” of the EPCRA Section 313 chemical (as presentedin Section 2.5 and described in detail in Chapter 3) and together, the total quantity otherwise used at the facilityexceeded the 10,000 pound otherwise use threshold for the year. If your facility meets the employee threshold,you must file either a Form R or a Form A for that chemical. EPA allows multi-establishment facilities tosubmit Form Rs from each establishment for an EPCRA Section 313 chemical when thresholds have beenexceeded at the facility level. Please note that Form A eligibility is also made at the facility-level, but only oneForm A should be submitted per chemical for the entire facility.

Contiguous and/or Adjacent Facilities. In defining the parameters of your facility, youmust consider all buildings and other stationary items located on multiple contiguous or adjacentsites that are owned or operated by the same person for EPCRA reporting purposes. Forexample, a mining company could own a very large piece of property with a copper mine at oneend, a gold mine at the other, and a public road separating the two mines. The amount of eachEPCRA Section 313 chemical manufactured, processed, or otherwise used and the number ofemployees must be aggregated for all of these contiguous or adjacent sites to determine whetherthe entire facility meets reporting thresholds. If a company’s operations are carried out at twodistinctly separate, physical sites that are not contiguous or adjacent, that company is operatingtwo separate facilities for the purposes of EPCRA reporting. The company, therefore, must makeSIC code, employee, threshold determinations, and if appropriate, release and other wastemanagement estimates individually for each facility.

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If two establishments owned or operated by the same company are connected to eachother by a piece of property that is owned by one of the establishments or the same parentcorporation, or if they are separated by an easement (e.g., railroad tracks, public road, publiccatchment basin), they are still considered to be contiguous or adjacent and are therefore part ofthe same facility. Both “establishments” may report together as the same facility or they mayreport separately provided threshold determinations are based on activities at the entire facilityand that the sum of the releases of the establishments reflects the total releases of the wholefacility. Facility operations that are not connected to each other by a piece of property, that iscommonly owned, controlled, or operated by the same person(s), are not considered contiguousand may be considered two separate facilities. However, if these operations are relatively neareach other, they may be considered adjacent; in which case, they would be part of the samefacility.

2.3 SIC Code Determination

Facilities with the SIC codes presented in Table 2-1 are covered by the EPCRASection 313 reporting requirements.

Table 2-1SIC Codes Covered by EPCRA Section 313 Reporting

SIC Code Industry Sectors

SIC Codes Industry Qualifiers

10 Metal Mining Except SIC codes 1011, 1081, and1094

12 Coal Mining Except SIC code 1241

20 through 39 Manufacturing None

4911, 4931, and 4939 Electric and Other Services andCombination Utilities

Limited to facilities that combust coaland/or oil for the purpose of generatingelectricity for distribution in commerce

4953 Refuse Systems Limited to facilities regulated underRCRA Subtitle C

5169 Chemicals and Allied Products None

5171 Petroleum Bulk Stations andTerminals

None

7389 Business Services Limited to facilities primarily engagedin solvent recovery services on a contractor fee basis

Metal mining facilities subject to EPCRA Section 313 are in SIC Major Group 10. Thismajor group includes establishments primarily engaged in mining, developing mines, or exploringfor metallic minerals (ores). These ores are valued chiefly for the metals they contain. The metalsgenerally are recovered for uses as such or as constituents of alloys, chemicals, pigments or otherproducts. This major group also includes all ore dressing and beneficiating operations, whether

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performed at mills operated in conjunction with the mines served or at mills, such as custom mills,operated separately. These include mills that crush, grind, wash, dry, sinter, calcine, or leach ore,or perform gravity separation or flotation operations. When performed by operators of theproperties, exploration under preliminary phases of operation should be classified according to thetype of ore expected to be found. Table 2-2 describes all 4-digit SIC codes in Major Group 10. For further descriptions of these SIC codes, consult the Standard Industrial ClassificationManual, 1987, published by the Office of Management and Budget.

Three 4-digit SIC codes within SICMajor Group 10 are not subject to EPCRASection 313. Facilities with primary SICcodes 1011 (iron ores), 1081 (metal miningservices), and 1094(uranium-radium-vanadium ores) are notsubject to EPCRA Section 313. Table 2-2provides descriptions of these SIC codes. Although facilities whose primary SIC code is1011, 1081, or 1094 are not covered byEPCRA Section 313, if a facility whoseprimary SIC code is covered has anestablishment in one of these three SIC codes(1011, 1081, or 1094), the facility must stillconsider the activities conducted by theseestablishments towards the facility’s employeeand activity threshold determinations and, asappropriate, release and other wastemanagement calculations. For example, afacility whose primary SIC code is 1061 -ferroalloy ores, a covered SIC code, may havean establishment in SIC code 1011 - ironores, which is not a covered SIC code. If thefacility exceeds the employee threshold, itmust include activities that occur at the iron ore establishment in the facility’s thresholddetermination along with ferroalloy activities. If the facility exceeds an activity threshold for anEPCRA Section 313 chemical, the facility must report any releases and other waste managementactivities of that chemical, including those that occur at the iron ore establishment.

SIC Code 1081 - Metal Mining Services

SIC code 1081 represents establishments primarilyengaged in performing metal mining services forothers on a contract or fee basis, such as the removalof overburden (see Table 2-2 for more detail aboutSIC code 1081). Facilities in this SIC code are notsubject to EPCRA Section 313. However, if yourfacility is in a covered SIC code, and contracts abusiness in SIC code 1081 to do work at your facility,you must consider the contractor’s work whenmaking employee and activity thresholddeterminations, and when calculating release andother waste management quantities for your“covered” facility.

For example, El Silver Mine, a facility in SIC code1044, contracts Drillers Inc. to perform drillingoperations at the facility. El Silver Mine is in acovered SIC code, while Drillers Inc. is not in acovered SIC code. El Silver Mine must includeDrillers Inc. in its employee and activity thresholds,and if filing a Form R, the mine must include releasesand other waste management activities associatedwith the drilling activities.

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Table 2-2Metal Mining SIC Codes

SIC Codes Subject to EPCRA Section 313

1021 - Copper Ores:

Chalcocite mining; Chalcopyrite mining; Copper ore mining; Cuprite mining

1031 - Lead And Zinc Ores:

Blende (zinc) mining; Calamine mining; Cerrusite mining; Galena mining; Lead ore mining; Lead-zinc oremining; Smithsonite mining; Sphalerite mining; Willemite mining; Zinc ore mining; Zinc-blende (sphalerite)mining; Zincite mining

1041 - Gold Ores:

Bullion, gold: produced at mine, mill, or dredge site; Calaverite mining; Lode gold mining; Placer goldmining; Sylvanite mining; Telluride (gold) mining

1044 - Silver Ores:

Bullion, silver: produced at mine or mill site; Silver ore mining

1061 - Ferroalloy Ores, Except Vanadium:

Chromite mining; Chromium ore mining; Cobalt ore mining; Columbite mining; Ferberite; mining; Huebneritemining; Manganese ore mining; Manganite mining; Molybdenite mining; Molybdenum ore mining;Molybdite mining; Nickel ore mining; Psilomelane mining; Pyrolusite mining; Rhodochrosite mining;Scheelite mining; Tantalite mining; Tantalum ore mining; Tungsten ore mining; Wolframite mining; Wulfenitemining

1099 - Miscellaneous Metal Ores, Not Elsewhere Classified:

Aluminum ore mining; Antimony ore mining; Bastnasite ore mining; Bauxite mining; Beryl mining; Berylliumore mining; Cerium ore mining; Cinnabar mining; Ilmenite mining; Iridium ore mining; Mercury ore mining;Microlite mining; Monazite mining; Osmium ore mining; Palladium ore mining; Platinum group ore mining;Quicksilver (mercury) ore mining; Rare-earths ore mining; Rhodium ore mining; Ruthenium ore mining; Rutilemining; Thorium ore mining; Tin ore mining; Titaniferous-magnetite mining value chiefly for titanium content;Titanium ore mining; Zirconium ore mining

While you are currently required to determine your facility’s reporting eligibility based onthe SIC code system described above, it is important to be aware that the SIC code system will bereplaced by a new system in the future. On April 9, 1997 (62 FR 17287), the Office ofManagement and Budget promulgated the North American Industrial Classification System(NAICS). NAICS is a new economic classification system that replaces the SIC code system as ameans of classifying economic activities for economic forecasting and statistical purposes. Thetransition to the new NAICS may require statutory and/or regulatory actions. As a result, the SICcode system is still required to be used as the mechanism to determine your facility’s reportingeligibility. EPA will issue notice in the Federal Register to inform you and other EPCRA Section

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313 facilities of its plans to adopt the NAICS and how facilities should make their NAICS codedetermination.

Primary SIC Code Determination. Assuming your facility has several establishments withdifferent SIC codes that are owned or operated by the same entity, you will need to determine ifyour facility has a primary SIC code that is subject to EPCRA Section 313. Your facility issubject to EPCRA Section 313 reporting requirements if:

C All the establishments have SIC codes covered by EPCRA Section 313; OR

C The total value of the products shipped or services provided at establishments withcovered SIC codes is greater than 50% of the value of the entire facility’s productsand services; OR

C Any one of the establishments with a covered SIC code ships and/or producesproducts or provides services whose value exceeds the value of services providedor products produced and/or shipped by all of the other establishment within thefacility on an individual basis.

To determine the value of production or service attributable to a particular establishment,you can subtract the product or service value obtained from other establishments from the totalproduct or service value of the facility. This procedure eliminates the potential for “doublecounting” production or service in situations where establishments are engaged in sequentialproduction activities at a single facility.

Example - Primary SIC CodeA facility has two establishments. The first, a ferroalloy ore mine in SIC code 1061, is in a covered SIC code.The second establishment, an iron ore mine in SIC code 1011, is not in a covered SIC code. The facilitydetermines that the ferroalloy ore mine’s value is $1,000,000 per year whereas the value of the iron ore mine is$500,000 per year. The value of the ferroalloy ore mining establishment is more than 50% of the facility’svalue; therefore, the primary SIC code of the facility is 1061 and the entire facility is subject to EPCRA Section313 reporting.

Auxiliary Facilities. Some companies may own and/or operate a non-contiguous andnon-adjacent facility that primarily supports a covered EPCRA Section 313 facility. Theseauxiliary facilities assume the SIC code of a covered facility that it directly supports. Forexample, an off-site warehouse that directly supports a copper mine (SIC code 1021) mustassume the SIC code 1021 itself. For the purposes of EPCRA Section 313, auxiliary facilitiesmust be engaged in performing support services for another facility or establishment within acovered facility. Therefore, if an auxiliary facility’s primary function is to support/service acovered metal mining facility, the auxiliary facility may assume the SIC code of the main facilityand may then be covered by the EPCRA Section 313 reporting requirements for purposes of thefacility’s SIC code.

2.4 Number of Employees

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Facilities must also meet or exceed the 10 or more full-time employees or equivalentcriterion to be subject to EPCRA Section 313 reporting requirements. A full-time employeeequivalent is defined as a work year of 2,000 hours. If your facility’s staff (including contractorsand certain other non-company personnel) work 20,000 or more hours in a calendar year, youmeet the 10 or more full-time employee criterion. While many facilities may easily exceed thiscriterion, your facility may be small or highly automated and your on-site staff may be small. Inthese cases, in particular, you should carefully consider all personnel supporting your operationsto determine if you meet the 10 or more full-time employee criterion.

The following personnel and time should be included in your employee calculations:

C Owners working at the facility;C Operations staff;C Clerical staff;C Temporary employees;C Sales personnel;C Truck drivers (employed by the facility);C Other off-site facility employees directly supporting the facility;C Paid vacation and sick leave; andC Contractor employees (excluding contract truck drivers).

In general, if an individual is employed or hired to work at the facility, all the hoursworked by that individual must be counted in determining if the 20,000 hour criterion has beenmet.

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Example - Calculating Employees

Your facility is a small metal mine with eight full-time employees. These full-time employees work throughoutthe year, except three weeks over the winter holidays when the mine is shut down. Two of the full-timeemployees are administrative personnel, and work an average of eight hours per day, five days per week, 49weeks per year. The other six full-time employees work in the mine 12 hours per day, 4 days per week, 49weeks per year. The beneficiation plant (on-site and owned by the facility) is operated by a contractor who hasthree personnel, each working 2,000 hours per year. A two-person exploration crew, based at the facility, work500 hours per year each, conducting geophysical surveys off-site during the summer. Finally, you hired acontractor to remove overburden from a new portion of the mine. The contractor used two personnel who wereon site full time for six months (working on average of 1,000 hours each). You would calculate the number offull-time employee equivalents as follows:

C Hours for your two administrative full-time employees are: 2 employees x 8 hours/day x 5 days/week x 49 weeks/year = 3,920 hours;

C Hours for the six employees working in the mine are: 6 employees x 12 hours/day x 4 days/week x 49 weeks = 14,112

C Hours for the contractor operating the beneficiation plant are: 3 contractor personnel x 2,000 hours = 6,000 hours.

C Hours for the exploration crew are: 2 employees x 500 hours/year = 1,000 hours;

C Hours for the contractor removing overburden: 2 contractor personnel x 1,000 hours = 2,000 hours.

This is a total of 27,032 hours for the year, which is above the 20,000 hours/year threshold; therefore, you meetthe employee criterion.

2.5 Manufacturing, Processing, and Otherwise Use of EPCRA Section 313 ChemicalsIf you have determined that your facility meets the SIC code and employee threshold

determinations, you must determine what EPCRA Section 313 chemicals are manufactured,processed, or otherwise used at your facility during the reporting year and whether an activitythreshold was exceeded. This section of the chapter will introduce the terms and concepts behindthis determination; whereas, Chapter 3 will take you through a detailed step-by-step process todetermine whether you need to report for any EPCRA Section 313 chemicals.

Identifying Chemicals. If you are in a covered SIC code and have 10 or more full-timeemployee equivalents, you must determine which EPCRA Section 313 chemicals aremanufactured, processed, or otherwise used at your facility in excess of threshold quantities. Toassist in doing this, you should prepare a list of all chemicals manufactured, processed, orotherwise used by all establishments at the facility, including the chemicals present in mixtures andother trade name products and managed in wastes received from off-site. This list should then becompared to the CURRENT list of EPCRA Section 313 chemicals found in the TRI Forms andInstructions document for that reporting year (available from the EPCRA Hotline, 1-800-424-9346 or at the website: http://www.epa.gov/opptintr/tri). In addition to the individually listed

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chemicals, the list of EPCRA Section 313 chemicals includes several chemical categories(discussed in detail in Chapter 3). You must include chemical compounds that are membersincluded in any of these categories when evaluating activities at the facility for thresholddeterminations and release and waste management calculations. Once you identify the EPCRASection 313 chemicals and chemical categories at your facility, you must evaluate the activitiesinvolving each chemical or chemical category and determine whether any activity thresholds havebeen met.

Note that chemicals are periodically added, delisted, or modified. Therefore, it isimperative that you refer to the appropriate reporting year’s list. Also, note that a list ofsynonyms for EPCRA Section 313 chemicals can be found in the EPA publication CommonSynonyms for Chemicals Listed Under Section 313 of the Emergency Planning and CommunityRight-To-Know Act (updated March 1995).

2.6 Activity Thresholds

There are three activity thresholds for the EPCRA Section 313 chemicals defined inEPCRA Section 313: manufacturing (which includes importing), processing, and otherwise use. The activity thresholds are 25,000 pounds per year for manufacturing, 25,000 pounds per year forprocessing, and 10,000 pounds per year for otherwise use. These thresholds apply to eachchemical individually. The determination is based solely on the quantity actually manufactured(including imported), processed, or otherwise used. Only the amounts of the EPCRA Section 313chemical that meet activity definitions are considered towards threshold determinations. Anyother amounts not considered to be manufactured, processed, or otherwise used are notconsidered toward threshold determinations. For example, EPCRA Section 313 chemicals thatare brought on-site (excluding amounts imported) and stored for future use or disposal, but arenot incorporated into a product for distribution or are not otherwise used on-site during thereporting year, are NOT considered towards any activity threshold for that reporting year.

More detailed explanations of threshold activities (manufactured, processed, or otherwiseused), with examples of each are found in Chapter 3, Tables 3-3, 3-4, and 3-5. These terms arebriefly defined in Table 2-3, with a detailed discussion to follow:

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Table 2-3Activity Thresholds

Activity DefinitionThreshold

(lbs/yr)

Manufacture To produce, prepare, import, or compound an EPCRA Section 313 chemical. “Manufacture” applies to an EPCRA Section 313 chemical that is producedcoincidentally during the manufacture, processing, otherwise use, ordisposal of another chemical or mixture of chemicals as a byproduct orimpurity. Examples would be the production of ammonia or nitratecompounds in a wastewater treatment system or the creation of metalcompounds during the combustion of coal.

25,000

Process The preparation of an EPCRA Section 313 chemical, after its manufacture,for distribution in commerce:

(1) In the same form or physical state as, or in a different form orphysical state from, that in which it was received by the person sopreparing such chemical; or(2) As part of an article containing the EPCRA Section 313chemical.

For example, if you receive a mixture containing an EPCRA Section 313chemical, and package it, including transferring it from a storage tank to atank truck, and then distribute it into commerce, this chemical has beenprocessed by your facility.

25,000

OtherwiseUse

Generally, use of an EPCRA Section 313 chemical that does not fall underthe manufacture or process definitions is classified as otherwise use. AnEPCRA Section 313 chemical that is otherwise used is not intentionallyincorporated into a product that is distributed in commerce, but may be usedinstead as a manufacturing or processing aid (e.g., catalyst), in wasteprocessing, or as a fuel (including waste fuel). For example, methanol usedas a cleaning solvent is classified as otherwise used.

Otherwise use means “any use of a toxic chemical contained in amixture or other trade name product or waste, that is not covered bythe terms “manufacture” or “process.” Otherwise use of an EPCRASection 313 chemical does not include disposal, stabilization(without subsequent distribution in commerce), or treatment fordestruction unless the:

1) EPCRA Section 313 chemical that was disposed, stabilized, ortreated for destruction was received from off-site for the purposes offurther waste management; or

2) EPCRA Section 313 chemical that was disposed, stabilized, ortreated for destruction that was manufactured as a result of wastemanagement activities on materials received from off-site for thepurposes of further waste management activities.”

10,000

There are some activities which do not meet the definitions of manufacture, process, orotherwise use. For instance, storage, relabeling, or redistribution of an EPCRA Section 313

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chemical where no repackaging occurs does not constitute manufacturing, processing, orotherwise use of that chemical. This type of activity should not be included in thresholdcalculations. In addition, transfers of wastes for energy recovery, treatment, or disposal are notconsidered “distribution into commerce.” For example, if you receive a waste from off-site andrepackage the waste and send it to a landfill off-site, that activity should not be included inthreshold determinations.

Also, note that the threshold determinations for the three threshold activities(manufacturing, processing, and otherwise use) are mutually exclusive. That is, you must conducta separate threshold determination for each threshold activity and if you exceed any threshold, allreleases and other waste management activities of EPCRA Section 313 chemicals at the facilitymust be considered for reporting.

2.7 How Do You Report?

You must file a report (Form R) for each EPCRA Section 313 chemical that exceeds athreshold for manufacturing, OR processing, OR otherwise use (providing you meet the employeeand SIC code criteria). As an alternative, you may file a Form A certification statement ratherthan a Form R if you meet certain criteria as explained in Chapter 2.9. The TRI Forms andInstructions contain detailed directions for the preparation and submittal of Form R and Form Afor each EPCRA Section 313 chemical for the reporting year. The TRI Forms and Instructionsare sent to all facilities which submitted Form Rs or Form As the preceding year. However, if youdo not receive a courtesy copy or did not report in the preceding year, then copies of the TRIForms and Instructions can be requested from the EPCRA Hotline (1-800-424-9346) or obtainedfrom EPA’s TRI website (http://www.epa.gov/opptintr/tri).

2.8 Form R

If you are submitting a Form R, it is essential that you use the TRI Forms and Instructionsfor the appropriate reporting year. EPA encourages the electronic submittal of the Form R, viathe Automated TRI Reporting System (ATRS). Use of the ATRS saves time in data entry andphotocopying and reduces errors by means of automated validation procedures. The ATRSproduces a certification letter with each validated submission (set of EPCRA Section 313 reports)which provides for an original signature to certify that the submission is accurate and correct. TheATRS is available free of charge from EPA’s TRI website at http://www.epa.gov/opptintr/afr.

The ATRS is available in both DOS and Windows versions. More information can befound in the TRI Forms and Instructions, EPA’s TRI website, or by calling the ATRS UserSupport Hotline at (703) 816-4434.

Each Form R must consist of two parts:

Part I, Facility Identification Information. This part of the form provides generalinformation to identify the facility, including the name and address of the facility, parentcompany information, and identification numbers used under reporting regulations. When

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submitting hard copies of Form R, this part may be photocopied and re-used for eachForm R you submit, except for the signature which must be original for each Form R; and

Part II, Chemical Specific Information. This part of the form provides chemical-specificinformation on the reportable activities, releases, other waste management estimates, andsource reduction activities for the reporting year. This must be completed separately foreach EPCRA Section 313 chemical or chemical category and not reused year to year evenif reporting has not changed.

Submission of incomplete Form Rs may result in an issuance of a Notice of TechnicalError (NOTE), Notice of Significant Error (NOSE), or Notice of Non-compliance (NON). Seethe current TRI Forms and Instructions for more detailed information on completing andsubmitting the Form R. The ATRS has a validation program which helps to identify and eliminatemany potential data entry errors.

2.9 Form A

EPA developed the Form A, also referred to as the “Certification Statement,” to reducethe annual burden for facilities with lesser amounts of EPCRA Section 313 chemicals releasedand/or otherwise managed as a waste, applicable beginning reporting year 1995 and beyond (59FR 61488; November 30, 1994). A facility must meet the following two criteria in order to use aForm A:

C First, the amount of the chemical manufactured, processed, OR otherwise usedcannot exceed 1,000,000 pounds. It is important to note that the quantities foreach activity are mutually exclusive and must be evaluated independently. If thequantity for any one of the activities exceeds 1,000,000 pounds, a Form A cannotbe submitted.

C Second, the total annual reportable amount of the EPCRA Section 313 chemicalcannot exceed 500 pounds per year. The “reportable amount“ is defined as thesum of the on-site amounts released (including disposal), treated, recycled, andcombusted for energy recovery, combined with the sum of the amounts transferredoff-site for recycling, energy recovery, treatment, and/or release (includingdisposal). This total corresponds to the total of data elements, 8.1 through 8.7 inPart II of the Form R (explained in Chapter 4).

Example - Form A Threshold

During the reporting year, a facility adds 30,000 pounds of an EPCRA Section 313 chemical to a beneficiationstep, which exceeds the 10,000 pound threshold for otherwise use. The chemical is used in a closed loop reusesystem, and the total annual reportable amount for that chemical (the sum of Sections 8.1 through 8.7 of thechemical’s Form R) is less than 500 pounds. Because the facility did not exceed the alternate threshold of onemillion pounds for manufacturing, processing or otherwise use and the facility’s total reportable quantity doesnot exceed 500 pounds, the facility has the option of submitting either a Form R or Form A.

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The Form A Certification Statement must be submitted for each eligible EPCRASection 313 chemical. The information on the Form A is included in the publicly accessible TRIdatabase, however these data are marked to indicate that they represent certification statementsrather than Form Rs. Note that separate establishments at a facility cannot submit separateForm As for the same chemical; rather, only one Form A per EPCRA Section 313 chemical canbe submitted per facility.

Like the Form R, Form A includes facility identification information. However, no releaseand other waste management estimations to any media are provided. You must simply certify thatthe total annual reportable quantity of the chemical or chemicals addressed in the Form A did notexceed 500 pounds and that amounts manufactured, or processed, or otherwise used did notexceed one million pounds. Once a facility has completed estimates to justify the submission of aForm A, there is a considerable time savings in using the Form A especially in subsequent yearsprovided activities related with the chemical do not change significantly. It is stronglyrecommended that you document your initial rationale and reconfirm it every year to verify thatyou have not made any modifications to the process that would invalidate the initial rationalesupporting submission of a Form A.

2.10 Trade Secrets

EPCRA’s trade secrets provision only applies to the EPCRA Section 313 chemicalidentity. If you submit trade secret information, you must prepare two versions of thesubstantiation form as prescribed in 40 CFR Part 350, published in the Federal Register on July29, 1988, (53 FR 28801) as well as two versions of the Form R. One set of forms should be“sanitized” (i.e., it should provide a generic name for the EPCRA Section 313 chemical identity). This version will be made available to the public. The second version, the “unsanitized” version,should provide the actual identity of the EPCRA Section 313 chemical and have the trade secretclaim clearly marked in Part I, Section 2.1 of the Form R or Form A. All other parts of the FormR or Form A must be filled out accordingly.

Individual states may have additional criteria for confidential business information and thesubmittal of both sanitized and unsanitized reports for EPCRA Section 313 chemicals. Facilitiesmay jeopardize the trade secret status of an EPCRA Section 313 chemical by submitting anunsanitized version to a state agency or Indian tribe that does not require an unsanitized version.

More information on trade secret claims, including contacts for individual state’ssubmission requirements, can be found in the most current version of the TRI Forms andInstructions.

2.11 RecordkeepingComplete and accurate records are absolutely essential to meaningful compliance with

EPCRA Section 313 reporting requirements. Compiling and maintaining good records will helpyou to reduce the effort and cost in preparing future reports and to document how you arrived atthe reported data in the event of an EPA compliance audit. EPA requires you to maintain recordssubstantiating the Form R or Form A submission for a minimum of three years from the date of

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submission. Each facility must keep copies of the Form R or Form A along with all supportingdocuments, calculations, work sheets, and other forms that you use to prepare the Form R orForm A. EPA may request this supporting documentation during a regulatory audit.

Specifically, EPA requires that the following records be maintained for a period of threeyears from the date of the submission of a report (summarized from 40 CFR 372.10):

1) A copy of each report that is submitted;

2) All supporting materials and documentation used by the person to make thecompliance determination that the facility or establishment is a covered facility;

3) Documentation supporting the report that is submitted, including documentationsupporting:

•C Threshold determinations;C Employee threshold determinations (including timesheets);C Claimed allowable exemptions;C Calculations for each quantity reported as being released, either on or off

site, or otherwise managed as waste;C Activity use determinations, including dates of manufacturing, processing,

or otherwise use;C Basis of all estimates;C Receipts or manifests associated with transfers of waste to off-site

locations; andC Waste treatment methods, estimates of treatment efficiencies, ranges of

influent concentrations to treatment, sequential nature of treatment steps,and operating data to support efficiency claims.

4) All supporting materials used to make the compliance determination that thefacility or establishment is eligible to submit a Form A;

5) Documentation supporting the Form A, including:

C Data supporting the determination that the alternate threshold applies;C Calculations of annual reporting amounts; andC Receipts or manifests associated with the transfer of each chemical in waste

to off-site locations.

Because EPCRA Section 313 reporting does not require additional testing or monitoring,you must determine the best “readily available data” to make reporting determinations. Alternatively, you may use “reasonable estimates” to make reporting determinations. The amountand type of data and records will vary from facility to facility. Examples of records that youshould keep, if applicable, include the following:

C Each Form R or Form A submitted;

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C Section 313 Reporting Threshold Worksheets (sample worksheets can be found inChapter 3 of this document as well as in the TRI Forms and Instructions);

C Engineering calculations and other notes;C Purchase records and MSDSs from suppliers;C Inventory and receipt data;C Analytical results and profiles for wastes received from off site;C NPDES/SPDES permits and monitoring reports;C EPCRA Section 312, Tier II reports;C Monitoring records;C Air permits;C Flow measurement data;C RCRA hazardous waste generator’s reports;C Pretreatment reports filed with local governments;C Invoices from waste management firms;C Manufacturer’s estimates of treatment efficiencies;C CERCLA Reportable Quantity (RQ) reports;C EPCRA Section 304 follow-up release notifications;C RCRA manifests; andC Process flow diagrams (including emissions, releases and other waste management

activities).

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Chapter 3 - EPCRA Section 313 Threshold Determinations

3.0 PURPOSE

This chapter provides a step-by-step procedure for determining if any EPCRA Section 313chemicals or chemical categories exceed a reporting threshold at your facility.

Step 1) Determine if you manufacture (including import), process, or otherwise useany EPCRA Section 313 chemicals.

Step 2) Determine the quantity of each EPCRA Section 313 chemical youmanufacture (including import), process, or otherwise use.

Step 3) Determine which EPCRA Section 313 chemicals exceed a threshold.

3.1 Step 1 - Determining which EPCRA Section 313 chemicals are manufactured(including imported), processed, or otherwise used

Compiling Chemical Lists. Compile lists of all chemicals, mixtures, or other trade nameproducts, and wastes at your facility. Metal mining facilities may find it helpful to create two lists. The first list names metals and metal compounds processed at the facility, including target andnon-target metals and metal compounds present in extracted ore. This first list should alsoinclude metals and metal compounds manufactured and processed as intermediates, and metalsand metal compounds distributed into commerce. The second list names chemicals otherwiseused at the facility, including, where applicable, chemicals received from off-site for further wastemanagement. For chemicals otherwise used, identify the name of each mixture or other tradename product, or waste name or waste code (e.g., chemicals in sludge received from off-site foron-site disposal or sodium cyanide for leaching activities) and list the names of all chemicalscontained in each mixture or other trade name product, or waste. Next, compare the individualchemicals on both lists to the current EPCRA Section 313 chemical list found in the TRIForms and Instructions (remember that chemicals may be periodically added and deleted and youshould always use the most current TRI Forms and Instructions which contains an updated list ofchemicals). Highlight the EPCRA Section 313 chemicals that are on your list. You must performthreshold determinations for these chemicals.

Review the list to be sure each chemical is shown by its correct EPCRA Section 313name. For example, sulfuric acid (acid aerosols) is often used in leaching processes at mines. Sulfuric acid (CAS No. 7664-93-9) has several synonyms, including dihydrogen sulfate andsulphuric acid. It must be reported on Form R (or Form A), Item 1.2, by its EPCRA Section 313chemical name, sulfuric acid (acid aerosols). Synonyms can be found in EPA’s documentCommon Synonyms for Chemicals Listed Under Section 313 of the EPCRA (EPA 745-R-95-008)(updated March 1995). EPA’s Automated TRI Reporting System (ATRS) has a pick listcontaining a complete list of EPCRA Section 313 chemical and chemical category names and thecorresponding CAS numbers and category codes which helps to simplify this reporting element.

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While every chemical and chemical category on the EPCRA Section 313 chemical listmust be considered, certain chemicals are more likely than others to be encountered at metalmining facilities. As a guide, certain chemicals that metal mining facilities may manufacture,process, or otherwise use are provided in Table 3-1. While this is not a comprehensive list of allEPCRA Section 313 chemicals that may be manufactured, processed, or otherwise used at metalmining facilities, it is a starting point to assist facilities in identifying chemicals for thresholddeterminations. Facilities should also be aware of EPCRA Section 313 chemicals manufacturedduring beneficiation, in particular, metals and metal compounds. These will be discussed later inthis chapter.

Information that is useful in performing threshold determinations and preparing yourreports includes the following:

C Mixture or mineral complex names and associated EPCRA Section 313 chemicalnames;

C Associated CAS numbers;C Trade name for mixtures; C Throughput quantities; andC Whether the chemical is manufactured, processed, or otherwise used at the facility

(be sure to include quantities that are coincidentally manufactured and imported, asappropriate).

Use of Spreadsheets or Databases. A computerized spreadsheet or database may behelpful in developing your facility’s chemical list and performing threshold calculations. The typeof information useful as input in a spreadsheet or database includes the chemical name, mixture orother trade name product, or waste name with corresponding chemical component,concentrations, the CAS number, and the yearly quantity manufactured, processed, or otherwiseused. The spreadsheet or database could also be designed to identify the total quantity by activitythreshold (amounts manufactured, processed, and otherwise used) for each EPCRA Section 313chemical in every waste, mixture, and other trade name product.

Smaller facilities that do not have an established electronic method of tracking theirchemical usage and waste management, should consider developing a spreadsheet to assist themin their chemical management activities. Developing a spreadsheet will require an initialinvestment of time; however, the time and effort saved in threshold calculations in subsequentyears can be significant. Such a system will also reduce the potential of inadvertently overlookingEPCRA Section 313 chemicals that are present in wastes received or mixtures purchased fromoff-site sources.

3-3

Table 3-1EPCRA Section 313 Chemicals Commonly Manufactured, Processed, and

Otherwise Used at Metal Mining Facilities

EPCRA Section 313 Chemicals in Ore thatMetal Mining Facilities May Manufactureand/or Process

EPCRA Section 313 Chemicals that MetalMining Facilities May Otherwise Use

Aluminum (fume or dust)Antimony/Antimony compoundsArsenic/Arsenic compoundsBarium/Barium compoundsBeryllium/Beryllium compoundsCadmium/Cadmium compoundsChromium/Chromium compoundsCobalt/Cobalt compoundsCopper/Copper compoundsCyanide/Cyanide compoundsLead/Lead compoundsManganese/Manganese compoundsMercury/Mercury compoundsNickel/Nickel compoundsSelenium/Selenium compoundsSilver/Silver compoundsThallium/Thallium compoundsVanadium (fume or dust)Zinc (fume or dust)/Zinc compounds

AcrylamideAmmoniaBenzeneBromineBromoformChlorineCresolsCyanide CompoundsCyclohexaneEthylbenzeneFormaldehydeGlycol ethersHydrazineHydrochloric acid (acid aerosols)NaphthaleneNitric acidPhenolPhosphoric acidPropyleneSulfuric acid (acid aerosols)ThioureaTolueneXylene

Identifying EPCRA Section 313 Chemicals in Ore

A significant portion of the manufacturing, processing, and otherwise use activities atmetal mining facilities will involve EPCRA Section 313 chemicals present in ores being extracted. To identify which EPCRA Section 313 chemicals are present in ore, look to available informationresources, including:

C Mineral assays;C Analyses conducted prior to extraction; C Historical information collected during exploration and discovery;C Analyses conducted during beneficiation;C Geological or chemical expertise;C Technical reference documents;

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C Process knowledge;C Financial information; C Information on releases or other wastes leaving the facility.

In some cases, facilities may know that compounds of a non-target metal exist in an oreextracted for distribution into commerce, but may not know the specific identity of the metalcompounds in the ore. For example, a facility may know that mercury compounds are present inan antimony ore, but they may not know the specific identity of the mercury compound(s) presentin this ore. Facilities should use the best “readily available data” to determine the exact metalcompound or compounds present. This information can include mineral assays, metal analyses,geological reference documents identifying commonly associated minerals, and literaturedocumenting mineral types specific to a geographic region. In the absence of better information,facilities that know only the type of metal compound (e.g., mercury sulfide in antimony ore) mayassume that the metal compound exists as the lowest weight metal compound of that type (e.g.,lowest weight mercury sulfide - HgS, the mineral cinnabar). If the facility has no knowledge toindicate the type of metal compound present in the ore, they may assume that the metal exists asthe lowest weight oxide. For example, a facility may only know that arsenic compounds arepresent in gold ore, but may not have any information indicating the identity of the arseniccompounds, or even the general type (e.g., sulfide) of arsenic compound. For thresholddetermination purposes, the facility may assume that the arsenic exists as its lowest weight oxide -As2O 3.

EPCRA Section 313 Chemicals in Purchased Chemicals

To develop the chemical list and identify the associated threshold activities for purchasedchemicals you may want to consult the following:

C Material Safety Data Sheets (MSDS);C Facility purchasing records;C Inventory records;C Process requirements/Equipment specifications;C Operation and process knowledge.

For purchased chemicals, MSDSs are generally considered to be good sources ofinformation for the type and composition of chemicals in mixtures and other trade name products. Metal mining facilities may receive MSDSs for any mixture or other trade name product used asflotation agents, leaching solutions, electrowinning aids, reducing agents, fuel, equipment cleaningand maintenance chemicals, water treatment chemicals, or for use in other operations. As of1989, chemical suppliers of facilities in SIC codes 2000 through 3999 are required to notifycustomers of any EPCRA Section 313 chemicals present in mixtures or other trade name productsthat are distributed to facilities. The notice must be provided to the receiving facility and may beattached or incorporated into that product’s MSDS. If no MSDS is required, the notificationmust be in a letter that accompanies the first shipment of the product to your facility. This lettermust contain the chemical name, CAS number, and the weight or volume percent of the chemical(or a range) in the mixture or other trade name product. Beginning with the 1998 reporting year,seven new industries will be covered by most of the EPCRA Section 313 reporting requirements

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and, therefore, facilities in SIC codes 2000 through 3999 will be required to provide these newindustries with this supplier notification information. While the new industries are not required toprepare supplier notifications for materials that they distribute, they are encouraged to pass alongthe notification to customers receiving these materials who may be subject to EPCRA Section313. For more information on supplier notification requirements, see TRI Forms andInstructions, EPCRA Section 313 Question and Answers, Revised 1998 Version - Appendix A,Directive 9 (EPA-745-B-98-004) or Supplier Notification Requirements (EPA-560/4-91-006).

Carefully review the entire MSDS for your purchased chemicals. Although MSDSs mustlist whether EPCRA Section 313 chemicals are present, the language and location of thisnotification is not currently standardized. Depending on the supplier, this information can befound in different sections of the MSDS. The most likely sections of an MSDS to provideinformation on identity and concentration of EPCRA Section 313 chemicals in purchasedchemicals are:

C Hazardous components section;C Regulatory section;C Physical properties/chemical composition section;C Labeling section; andC Additional information section.

EPCRA Section 313 Chemical List

In order to identify which chemicals are EPCRA Section 313 chemicals, and (in somecases) the form in which they are reportable, you need to compare your list of chemicals managedat your facility to the current Section 313 list of chemicals. The most current list of EPCRASection 313 chemicals can be found in the TRI Forms and Instructions document for the currentreporting year. The following discussion is a brief overview of the EPCRA Section 313 list ofchemicals, including a description of possible chemical qualifiers.

The original list of EPCRA Section 313 chemicals and chemical categories was comprisedfrom two lists developed by New Jersey and Maryland. EPA refined the list and anticipateschanges to continue. The list can be modified by an EPA initiative or though a petition process. When evaluating a chemical for addition or deletion, EPA must consider potential acute andchronic human health effects and adverse environmental effects and the Agency publishes itsfindings and any regulatory action through the Federal Register.

The EPCRA Section 313 chemical list includes individually listed chemicals and severalchemical categories. If you meet the SIC code criterion and exceed the employee threshold, youmust file a Form R or Form A for each EPCRA Section 313 chemical or chemical categorymanufactured, processed, or otherwise used above threshold quantities. When conductingthreshold determinations for individually listed chemicals, simply compare the amount of thatchemical manufactured, processed, or otherwise used, to each threshold quantity. If you exceedthe threshold, you must file a Form R or Form A for that chemical. When determining thresholdsfor chemical categories, you must total the weights of all members of the category, and comparethis sum to each activity threshold. It is important that you compare the amount of compounds ina category separately to each individual activity threshold (manufacturing, processing, or

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Examples - Chemical Categories

Example 1 A facility otherwise uses 5,000 pounds of 1,3-bis(methylisocyanate)-cyclohexane, 3,000pounds of 1,5-naphthalene diisocyanate, and 3,000 pounds of 2,2,4-trimethylhexamethylene diisocyanate. Allthree of these chemicals are members of the diisocyanates category, an EPCRA Section 313 chemical category. The facility otherwise uses 11,000 pounds of diisocyanates, which exceeds the 10,000 pound threshold forotherwise use. The facility must file a Form R or Form A for diisocyanates category.

Example 2 A facility otherwise uses 6,000 pounds of zinc oxide, manufactures 20,000 pounds of zincsulfate, and processes 18,000 pounds of zinc sulfide. All three compounds are members of the zinc compoundscategory, an EPCRA Section 313 chemical category. Because the facility does not exceed the otherwise use,manufacturing, or processing thresholds, the facility is not required to file a Form R or Form A for the zinccompound category.

otherwise use). If you exceed any of the three activity thresholds for a chemical category, youmust file a Form R or Form A for that chemical category.

Many of the EPCRA Section 313 chemical categories are metal compound categories(e.g., chromium compounds). Metal compound categories include any unique chemical substancethat contains the metal as part of that chemical’s infrastructure. When calculating thresholds formetal compound categories, you must consider the entire weight of the metal compound, not justthe weight of the parent metal. However, if you exceed an activity threshold for a metalcompound category and you are filing a Form R for that metal compound category, you need onlyuse the weight of the parent metal when calculating quantities released or otherwise managed aswaste. Elemental forms of metals (e.g., chromium) are also individually listed on the EPCRASection 313 chemical list. You must make separate threshold determinations for the elementalmetal and the metal compound category (e.g., chromium and chromium compounds). If youexceed thresholds for both the metal and metal compound category, you may submit separate

Form Rs, or one Form R for both the metal and metal compound category. However, if both themetal and the metal compound qualify for Form A reporting, you must submit separate Form Acertifications for the metal and metal compound category.

Example - Lead and Lead Compounds

A facility has determined that it needs to report under EPCRA Section 313 for both elemental lead andlead compounds. Can this facility file one Form R that takes into account both the releases and otherwaste management activities of lead and lead compounds, or is it required to report separately?

If a covered facility exceeds thresholds for both the parent metal and compounds of that same metal, it isallowed to file one joint report (e.g., one report for lead compounds and elemental lead). EPA allows thisbecause the release and other waste management information reported in connection with metal compoundswill be the total pounds of the parent metal released and otherwise managed as a waste. For data managementpurposes, EPA requires that the chemical category name and code be placed on the Form R (Section 1.1 and1.2).

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Several chemicals on the EPCRA Section 313 chemical list include qualifiers related to useor form. A few chemicals are reportable ONLY if manufactured by a specified process or in aspecified threshold activity. For example, isopropyl alcohol is only reportable if it is manufacturedusing the strong acid process and saccharin is reportable only if it is manufactured. Some otherchemicals are only reportable if present in certain forms. For example, only yellow or whitephosphorus are reportable, while black and red phosphorus are not.

The qualifiers associated with these chemicals which may be applicable to the metal miningindustry are presented below. A detailed discussion of the qualifier criteria can be found in theTRI Forms and Instructions.

C Fume or dust - Three metals (aluminum, vanadium, and zinc) are qualified as“fume or dust forms only.” This definition excludes “wet” forms such as solutionsor slurries, but includes powder, particulate, or gaseous forms of these metals. Forexample, on-site disposal of a waste received from off-site containing elementalzinc metal needs to be considered in threshold determinations if the zinc is in theform of a fume or dust. However, if zinc (fume or dust) are found duringtreatment of a zinc-containing waste stream, then these amounts would need to beconsidered toward the facility’s manufacturing threshold. Additionally, the entireweight of all zinc compounds should be included in the threshold determination forzinc compounds. Keep in mind that most metals in most wastes are expected to bein the compound form.

C Ammonia has the following qualifier: “ammonia (includes anhydrous ammoniaand aqueous ammonia from water dissociable salts and other sources; 10% of totalaqueous ammonia is reportable under this listing).” Aqueous ammonia is formedfrom the dissociation of ammonium salts (including ammonium sulfate, ammoniumnitrate, and ammonium chloride) in water and is an EPCRA Section 313 chemical. You must determine the amount of aqueous ammonia generated from solubilizingthese chemicals in water and apply it toward the threshold for ammonia. EPA haspublished guidance on reporting for ammonia, and ammonium salts in EPCRASection 313 Question and Answers, Revised 1997 Version - Appendix A, Directive8. Additionally, ammonium nitrate in aqueous solutions must be included inthreshold determinations and release and other waste management calculations forthe nitrate compounds category. (See below)

C Nitrate Compounds (water dissociable; reportable only in aqueous solution) - A nitrate compound is covered by this listing only when in water and ifdissociated. Although the complete weight of the nitrate compound must be usedfor threshold determinations for the nitrate compounds category, only the nitrateion portion of the compound must be considered for release and other wastemanagement determinations. Nitrate compounds are manufactured during theneutralization of nitric acid and in biological treatment of wastewater. EPA haspublished guidance for these chemicals in Water Dissociable Nitrate CompoundsCategory and Guidance for Reporting (see Appendix C for more information).

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C Phosphorus (yellow or white) - Only manufacturing, processing, or otherwise useof phosphorus in the yellow or white chemical forms require reporting. Black andred phosphorus are not subject to EPCRA Section 313 reporting.

C Asbestos (friable) - Asbestos only need be considered when it is handled in thefriable form. Friable refers to the physical characteristic of being able to crumble,pulverize, or reduce to a powder with hand pressure.

C Aluminum oxide (fibrous) - Beginning with reports for calendar year 1989,aluminum oxide is only subject to threshold determination when it is handled infibrous forms. EPA has characterized fibrous aluminum oxide for purposes ofEPCRA Section 313 reporting as a man-made fiber that is commonly used in high-temperature insulation applications such as furnace linings, filtration, gaskets,joints, and seals.

C Sulfuric acid (acid aerosols) and hydrochloric acid (acid aerosols) - EPAdelisted non-aerosol forms of sulfuric acid (CAS No. 7664-93-9) and hydrochloricacid (CAS No. 7647-01-0) from the EPCRA Section 313 chemical list beginning inthe 1994 and 1995 reporting years, respectively. Threshold determinations andrelease and other waste management estimates now only apply to the aerosolforms. EPA considers the term aerosol to cover any generation of airborne acid(including mists, vapors, gas, or fog) without any particle size limitation. Sulfuricacid and hydrochloric acid (acid aerosols) are manufactured during the combustionof sulfur containing wastes (for sulfuric acid) and chlorine containing wastes (forhydrochloric acid). EPA has published guidance for sulfuric acid (acid aerosols) inGuidance for Reporting Sulfuric Acid (acid aerosols including mists, vapors, gas,fog, and other airborne forms of any particle size) (see Appendix C for moreinformation).

3.2 Step 2. Determining the quantity of each EPCRA Section 313 chemicalmanufactured (including imported), processed, or otherwise used

The next step is to determine the quantities manufactured (including imported), processed,and otherwise used for each EPCRA Section 313 chemical on your list (developed in Step 1). Table 3-2 lists the annual reporting thresholds for each of these threshold activities (Tables 3-3through 3-5 provide detailed definitions of subcategories for each Threshold Activity).

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Table 3-2Reporting Thresholds

Activity Threshold

Manufacturing (including importing) More than 25,000 pounds per EPCRASection 313 chemical

Processing More than 25,000 pounds per EPCRASection 313 chemical

Otherwise used More than 10,000 pounds per EPCRASection 313 chemical

For each EPCRA Section 313 chemical or chemical category during the reporting year,each threshold must be individually calculated; they are mutually exclusive and are not additive.

Example -Threshold Determination

If your facility manufacturers 22,000 pounds of an EPCRA Section 313 chemical and you also otherwise use8,000 pounds of the same chemical, you have not exceeded either activity threshold and an EPCRA Section 313report for that chemical is not required. However, if your facility manufactures 28,000 pounds per year of anEPCRA Section 313 chemical and otherwise uses 8,000 pounds of the same chemical, you have exceeded themanufacturing threshold and all non-exempt releases and other waste management activities of that chemicalmust be reported on the Form R, including those from the “otherwise use” activity. Additionally, you must alsoindicate on the Form R in Part II, Section(s) 3.1, 3.2, and 3.3, all non-exempt activities involving the reportableEPCRA Section 313 chemical.

Example -Threshold Determination

The amount of the EPCRA Section 313 chemical that is actually manufactured (including the quantityimported), processed, or otherwise used, not the amount in storage or previously disposed, is the amount appliedto the threshold determination. For example, your facility disposes of nickel compounds in an on-site landfill.The landfill contains hundreds of thousands of pounds of nickel compounds. Over the course of the reportingyear, you dispose of an additional 5,000 pounds of nickel compounds in wastes received from off-site. In thisexample, only the 5,000 pounds that were disposed of in the current year count toward the “otherwise use”threshold. Therefore, unless you “otherwise use” more than 5,000 pounds elsewhere at the facility, the“otherwise use” threshold has not been exceeded and you would not have to report for nickel compounds.

Each of the threshold activities is divided into subcategories. As discussed in the TRIForms and Instructions, you are required to designate EACH activity and subcategory thatapplies to your facility not only those for which a threshold was exceeded.

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POSSIBLE ERROR - Threshold Determination

The amount of the EPCRA Section 313 chemical that is actually manufactured (including the quantityimported), processed, or otherwise used, not the amount that may be in storage, should be the amount applied tothe threshold determination. For example, your facility uses a recirculating cooling system containing 15,000pounds of anhydrous ammonia. To replace fugitive releases and small losses that occur during use, you add5,000 pounds of anhydrous ammonia to the cooling system. In this example, only the 5,000 pounds that wereadded to the system count toward the “otherwise use” threshold. Therefore, unless you “otherwise use” morethan 5,000 pounds elsewhere at the facility, the “otherwise use” threshold of 10,000 pounds has not beenexceeded and you would not have to report for ammonia.

Manufacturing

Manufacturing means producing, preparing, importing, or compounding an EPCRASection 313 chemical. You will need to consider if any EPCRA Section 313 chemicals aremanufactured during beneficiation, separation activities, waste treatment, and other on-siteactivities, including both intentional and coincidental manufacturing. You must considercoincidental manufacturing of EPCRA Section 313 chemicals regardless of whether the chemicalonly exists for a short period of time and is converted to another chemical. The followingdiscussion describes the various activities included under manufacturing (see Table 3-3), and othermanufacturing threshold issues that are relevant to metal mining facilities.

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Table 3-3Definitions and Examples of Manufactured Chemicals

Manufacturing Activity

Subcategory

Examples

Produced or imported for on-siteuse/processing

-Cyanide compounds manufactured as intermediates duringcyanide leaching of gold.-Beneficiation agents (e.g., flotation agents) that maycontain EPCRA Section 313 chemicals imported into thecustoms territory of the United States.

Produced or imported forsale/distribution

-Metals or metal compounds manufactured for distributioninto commerce (e.g., elemental copper manufactured fromcopper sulfate during electrowinning).-Ores imported into the customs territory of the UnitedStates that are prepared for distribution into commerce.

Produced as a by-product -Sulfuric acid (acid aerosols) manufactured during sprayingfor ore leaching. -Coincidental manufacture of metal compounds duringbeneficiation.

Produced as an impurity -Non-target metal compounds produced duringbeneficiation that remain in the metal product distributedinto commerce. For example, conversion of silvercompounds to elemental silver in gold dore distributed intocommerce.

* More complete discussions of the industry-specific examples can be found in Chapter 4 of this guidance manual.

Manufacture of Metals and Metal Compounds During Beneficiation. Metal miningfacilities may manufacture metals and metal compounds during beneficiation or other activities. Metal mining facilities should be aware of chemical conversions that may take place duringbeneficiation. The following types of conversions constitute manufacturing:

C Conversion of one metal compound to another within the same compoundcategory. For example, a lead mine may convert galena (lead sulfide in ore) tolead oxide during beneficiation.

C Conversion of metal compounds to elemental metals. For example, a gold minemay convert silver compounds in extracted ore to elemental silver in dore.

C In some cases, facilities may convert elemental metals to metal compounds. Forexample if native copper is present in ore, a facility may convert the elementalcopper to a copper compound during beneficiation.

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Example - Manufacture of Silver Compounds and Cyanide Compounds

A gold mining facility extracts ore containing silver compounds, and uses sodium cyanide to leach metals fromthe ore. During leaching, the sodium cyanide converts to silver cyanide. The mine manufactures silver cyanidecompounds. Silver cyanide is a member of two EPCRA Section 313 chemical compound categories: silvercompounds and cyanide compounds. The facility must count the entire weight of the silver cyanide whendetermining thresholds for silver compounds AND toward the threshold for cyanide compounds. If the facilitymanufactures more than 25,000 pounds of silver cyanide during the reporting year, the facility must file a FormR (or Form A) for silver compounds, and a separate Form R (or Form A) for cyanide compounds.

As previously discussed, if you manufacture both a metal compound and the elementalform of the same metal (e.g., copper sulfide and elemental copper), you must conduct twoseparate threshold determinations - one for the metal compound, and one for the elemental metal. For more detail about this and other issues related to thresholds for metals and metal compounds,see the previous discussion in this chapter.

Manufacture of Acid Aerosols. Sulfuric acid (acidaerosols) and hydrochloric acid (acid aerosols) areEPCRA Section 313 chemicals when they are in aerosolform (including mists, vapors, fog, and other airbornespecies of any particle size). The conversion of non-aerosol forms of sulfuric acid or hydrochloric acids (e.g.,solutions) to aerosol forms are considered a“manufacturing” activity under EPCRA Section 313. Insome leaching operations, metal mines spray dilutesulfuric acid onto ore. Mines usually collect the solutionafter it passes through the ore, remove the target metalfrom the solution using various beneficiation steps, andregenerate sulfuric acid, which is sprayed back onto thepile. The spraying of sulfuric acid results in themanufacture of sulfuric acid (acid aerosols). Each timethe spray system aerosolizes the sulfuric acid, the facilitymanufactures sulfuric acid (acid aerosols). The facilitymust total every amount that passes through the spraysystem to calculate the manufacturing threshold. Thefacility “manufactures” and then “otherwise uses” the acid aerosol, and the 10,000 pound“otherwise use” threshold would be the threshold that would first trigger reporting. For guidanceon conducting threshold determinations for sulfuric acid (acid aerosols), refer to: EmergencyPlanning and Community Right-to-Know Act--Section 313: Guidance for Reporting SulfuricAcid (acid aerosols including mists, vapors, gas, fog, and other airborne forms of any particlesize), EPA, March, 1998, available on EPA’s website (http://www.epa.gov/opptintr/tri/).

Example - Copper Compoundsin Solution

If a facility has a solution containinga chromium compound, does thefacility need to report on the entiremixture or just the chromium whenmaking a threshold determinationunder Section 313?

To determine if a facility meets anapplicable threshold for the chromiumcompound (or any EPCRA Section 313chemical) in a solution, the facility isrequired to determine the weightpercent of chromium compound in thesolution and use that amount for thethreshold determination.

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Example - Sulfuric Acid (Acid Aerosols) Drip System

Would a sulfuric acid drip system that is in contact with an ore leach pile (described as analogous to agardener’s drip hose) be manufacturing sulfuric acid in an aerosol form?

No, the sulfuric acid does not become airborne; so it does not become an aerosol form of sulfuric acid and,therefore, it is not considered an EPCRA Section 313 chemical.

Sulfuric Acid (Acid Aerosols)

At a mining facility, sulfuric acid (acid aerosols) is sprayed onto a copper ore pile to leach copper sulfatefor further processing. How should the facility make threshold determinations for sulfuric acid (acidaerosols)?

Sulfuric acid is reportable only in the aerosol form. Therefore, the facility “manufactures” sulfuric (acidaerosols) each time the acid passes through the spray mechanism. In this particular example, the acid reactswith the copper compounds in the ore to produce copper sulfate, which is subsequently reacted to generatesulfuric acid and applied to the ore pile. Because the facility generates another EPCRA Section 313 chemical(copper sulfate), the facility must count the amount of sulfuric acid (acid aerosols) “manufactured” each time itpasses through the spray mechanism, and apply this amount to the “manufacturing” threshold of 25,000 poundsfor sulfuric acid (acid aerosols), in addition to considering amounts of copper sulfate that is also“manufactured.” Because all the sulfuric acid (acid aerosols) “ manufactured” is subsequently “otherwise used,”the facility must apply this same amount towards the “otherwise use” threshold of 10,000 pounds. Facilities arealso directed to refer to the Guidance for Reporting Sulfuric Acid (EPA-745-R-97-007; November 1997) forfurther assistance.

Importing. The “manufacture” threshold includes importing an EPCRA Section 313chemical if the facility has caused the chemical to be imported. If your facility orders or entersinto an agreement to obtain or accept an EPCRA Section 313 chemical (or a mixture or othertrade name product or waste containing an EPCRA Section 313 chemical) from a source outsidethe customs territory of the United States (the 50 states, the District of Columbia, and PuertoRico) then your facility has imported a listed EPCRA Section 313 chemical and amounts must beconsidered toward the manufacturing threshold. Note that if an entity other than the facility, suchas a third party not directly associated with the facility (e.g., a waste or chemical broker), orderedthe waste or chemical without specific direction from the facility, then that third party has“caused” the chemical to be imported, and the facility does not need to consider the EPCRASection 313 chemical toward the manufacturing threshold. Imported chemicals, as well as anyothers that undergo a manufacturing activity, may also be subsequently processed and/orotherwise used, and amounts associated with these activities need to be applied to all appropriatethreshold determinations.

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Example - Importing

Should the amounts of an EPCRA Section 313 chemical created and imported be added together to counttowards the manufacture threshold?

Yes. Because EPCRA defines both creation and importation as manufacturing, you must add the amounts of thechemical undergoing each activity together to determine the manufacturing threshold.

Processing

Processing means preparing an EPCRA Section 313 chemical, or a mixture or other tradename product containing an EPCRA Section 313 chemical (usually the intentional incorporationof an EPCRA Section 313 chemical into a product) for distribution in commerce. Metal miningfacilities are likely to process EPCRA Section 313 chemicals, since a metal mine’s primaryfunction is to distribute metals or metal compounds into commerce.

Perhaps the most pivotal element of the processing definition is that the EPCRA Section313 chemical must be prepared for distribution into commerce. Distribution into commerce doesnot only mean that the material must be sold to a customer. Distributed in commerce includes anydistributive activity in which benefit is gained by the transfer, even if there is no direct monetarygain (e.g., intra-company transfers). Also, if a material is produced or recovered, for use on-siteand no amount of the EPCRA Section 313 chemical is prepared for distribution into commerce,then the EPCRA Section 313 chemical has not been processed, and thus is not counted towardsthe processing threshold (see the discussion of otherwise use for the applicability of chemicalsused on-site). The following discussion describes the subsections of processing for reportingpurposes (see Table 3-4), and other processing threshold issues that are relevant to metal miningfacilities.

Table 3-4Definitions and Examples of Processed Chemicals

Processing Activity

Subcategory

Examples

As a reactant -Flotation agents and leaching agents used in mineralbeneficiation that remain with the metal concentrate thatis distributed into commerce.

As a formulation component -Extracted metals and metal compounds in concentratedistributed into commerce.

As an article component -Copper cathodes produced from electrowinning.

Repackaging for Distributioninto Commerce

-Chemicals in mine water distributed into commerce.

* More complete discussions of the industry-specific examples can be found in Chapter 4 of this guidance manual.

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Target Metals and Metal Compounds. Metal mining facilities must count amounts ofmetals and metal compounds extracted for distribution into commerce toward the 25,000 poundprocessing threshold. Even if the extracted metal or metal compound converts to another metalcompound which is then distributed into commerce, you must consider the amount of the originalEPCRA Section 313 extracted metal or metal compound toward the processing threshold. If youextract EPCRA Section 313 chemicals in ore for distribution in commerce and do not actuallydistribute those chemicals during the reporting year, you must count them toward your processingthreshold, because they were prepared for distribution during the reporting year. If more thanone EPCRA Section 313 metal compound within an EPCRA Section 313 metal compoundcategory is present in the ore, the concentration is determined by the total weight percent of allcompounds within a specific EPCRA Section 313 chemical category. Facilities should havesufficient information to estimate amounts of target metals and metal compounds. Sources mightinclude mineral assays, ore analyses, operating records, and financial information.

Non-Target Metals and Metal Compounds. When processing the target metals and metalcompounds at your facility, the ore you are beneficiating may also contain other non-targetEPCRA Section 313 metals and metal compounds. If any portion of these non-target metals andmetal compounds remain in the metal concentrate distributed into commerce, you must considerthem toward the processing threshold of 25,000 pounds. If the EPCRA Section 313 chemicalsare completely removed from your product prior to distribution into commerce, the chemicals arenot considered processed and do not have to be considered toward the processing threshold.

Facilities may use the same sources of information they use to estimate amounts ofEPCRA Section 313 target metals and metal compounds extracted. If you do not track non-targetmetals as closely as target metals, you should refer to historical mine records, metal analyses, and

Example - Processing at a Zinc Mine

A zinc mine in SIC code 1031 extracts ore containing the minerals, sphalerite (ZnS) and smithsonite (ZnCO3). The ore is beneficiated and distributed into commerce. To determine the processing threshold for zinccompounds, the facility must add the entire weights of both zinc compounds (ZnS and ZnCO3). The facilitymust also add the weights of any intermediate or final zinc compounds created during beneficiation.

Waste Rock

Waste rock is generally considered that portion of the ore body that is barren or submarginal rock, or ore whichhas been mined but is not of sufficient value to warrant treatment, and is therefore removed ahead of themilling process (May 1, 1997; 62 FR 23859). Removal of waste rock to gain access to an ore body does notconstitute processing, manufacturing, or otherwise use, and therefore EPCRA Section 313 chemicals in wasterock are not considered for threshold determinations. Waste rock is part of the ore body and may, depending oneconomic conditions, become a valuable source of a desirable mineral. If you decide to beneficiate your wasterock or distribute it into commerce for direct reuse (e.g., as road aggregate), you must consider amounts ofEPCRA Section 313 chemicals in the rock (no longer waste rock) that you prepared for distribution intocommerce towards the processing threshold.

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geological knowledge of associated minerals to determine the types and amounts of non-targetmetals and metal compounds extracted in ore. Facilities may have numerous ore samples fromvarious locations and periods in time. If facilities wish to average very large amounts of data fromsampling, the facility must use its best judgment to decide whether the raw data from which itmight base any average concentration are “readily available”. In any event, a facility shouldcarefully document its decision making. For example, if a facility decides to use averageconcentration levels, it should document why the raw data from which the averages are based arenot “readily available”, how it arrived at any average concentration level, and why the averageconcentration level is a “reasonable estimate” of the amount of the EPCRA Section 313 chemicalin materials managed.

Intermediates. Facilities must also consider intermediate EPCRA Section 313 chemicalswhen determining the processing threshold, if part of the intermediate is distributed intocommerce. Intermediates are chemicals or chemical compounds that exist only for a period oftime and are converted to another chemical. For example, a copper mine extracts coppercompounds in ore to produce copper sulfate during sulfuric acid leaching. The facility usessolvent extraction and electrowinning to produce elemental copper. In this case, copper sulfate isconsidered an intermediate that must be considered toward the manufacturing threshold. Inaddition, because part of the copper sulfate (copper) is eventually distributed into commerce (i.e.,elemental copper) the copper sulfate is considered processed, and the facility must consider theentire amount of the copper sulfate toward the processing (and manufacturing) threshold for thecopper compound category.

Transfers Off-site for Direct Reuse. Amounts of EPCRA Section 313 chemicals sent off-site for direct reuse must be considered toward the processing threshold of 25,000 pounds.Materials are considered to be sent off-site for direct reuse if the materials are distributed intocommerce and are going to be directly used in an operation or application without any recoverysteps including the extraction of contaminants. Materials sent off-site for direct reuse are notreported on the Form R in Sections 6 and 8 as recycled or released because the materials are notconsidered wastes. Because materials sent off-site for direct reuse are not considered wastes,these materials may qualify for the de minimis exemption if any EPCRA Section 313 chemical inthe material is below the de minimis level (see Chapter 3.2.2.3). EPCRA Section 313 chemicalsin waste that are sent off-site for further waste management, e.g., disposal, are not considered tobe reused.

Transfers Off-site for Recycling. Amounts of EPCRA Section 313 chemicals sent off-sitefor recycling also must be considered toward the processing threshold of 25,000 pounds. Amounts of materials containing EPCRA Section 313 chemicals sent off-site for recycling areprepared for distribution into commerce. Materials sent off-site for recycling must undergo arecovery step and are, therefore, considered a waste and not eligible for the de minimisexemption. Wastes destined for off-site recycling are considered wastes sent off-site for furtherwaste management, which are not eligible for the de minimis exemption and must be reported onthe Form R in Sections 6 and 8.

Otherwise Use

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“Otherwise use” is any use of an EPCRA Section 313 chemical that does not fall under thedefinitions of “manufacture” or “process.” Chemicals otherwise used are not incorporated into aproduct that is distributed into commerce and includes such uses as a processing or manufacturingaid and for such ancillary uses as treating wastes.

Otherwise use of an EPCRA Section 313 chemical also includes disposal, stabilization(without subsequent distribution in commerce), and treatment for destruction if the:

(1) EPCRA Section 313 chemical that was disposed, stabilized, or treated fordestruction was received from off-site for the purposes of further wastemanagement, or

(2) EPCRA Section 313 chemical that was disposed, stabilized, or treated fordestruction was manufactured as a result of waste management activities ofmaterials received from off-site for the purpose of further waste management.

The following discussion describes the subsections of the otherwise use threshold forreporting purposes (see Table 3-5).

Table 3-5Definitions and Examples of Otherwise Used Chemicals

Activity ExamplesAs a chemical processing aid -Zinc dust used to precipitate gold from pregnant gold-

cyanide solutions.-Chemicals used in solvent extraction/electrowinning.-Chemicals used in leaching, or flotation.-Lead-based steel wool used as a cathode in the electrowinning process.

As a manufacturing aid -Lubricants, coolants, and hydraulic fluids used inequipment.-Fuel used to power stationary equipment.-Nitric acid used to regenerate carbon adsorption beds used in cyanide leaching process.

Ancillary or other use -Naphthalene in diesel fuel used in stationary equipment. -Chlorine used to treat cyanide in waste water.-Cleaners, degreasers, chemicals used to treat wastes.

* More complete discussions of the industry-specific examples can be found in Chapter 4 of this guidance manual.

Reclamation. Mines will often use a variety of materials, including overburden, wasterock, fertilizers, and ash (received from off-site), for land contouring, structural backfill, or soilbuilding, during mine reclamation. Under EPCRA Section 313, use of materials containingEPCRA Section 313 chemicals for reclamation activities must be considered towards thresholddeterminations and release and other waste management calculations. EPCRA Section 313chemicals used in mine reclamation are subject to the otherwise use threshold of 10,000 pounds.

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Various materials otherwise used during reclamation may or may not be subject to certainexemptions, as discussed below:

C Overburden: EPCRA Section 313chemicals in overburden used forreclamation are eligible for theoverburden exemption for metal miningoperations.

C Waste Rock: In cases where waste rockis simply displaced and disposed of, thewaste rock is not associated with aprocessing, manufacturing, or otherwiseuse activity, and any EPCRA Section313 chemicals contained in the wasterock are not eligible for the de minimisexemption. However, if for example, thewaste rock is sent off-site to be used aslandscape rock, any EPCRA Section 313chemicals in the waste rock would beconsidered processed and eligible for thede minimis exemption.

C Mixtures and Other Trade NameProducts: EPCRA Section 313chemicals in mixtures and other tradename products (such as commercialfertilizers) applied to land in minereclamation activities are eligible for thede minimis exemption.

C Ash: The direct application of ash to the land as fill or for pH control of soil isconsidered to be waste management of the ash. Because the de minimisexemption does not apply to wastes, EPCRA Section 313 chemicals in ash directlyapplied to land are not eligible for the de minimis exemption.

If an activity threshold is exceeded and you are filing a Form R for an EPCRA Section 313chemical, you must report all non-exempt applications of that chemical to land during reclamationor other activities in Section 5.5 of Form R, Releases to Land. This will be discussed in greaterdetail in Chapter 4 of this document.

Froth Flotation. Various metal mining facilities use flotation as a method ofconcentrating minerals. Facilities may use a variety of reagents during flotation, such as frothers,collectors, pH modifiers, activators, depressants, dispersants, or flocculents. You should checkMSDSs, purchasing records and equipment and process specifications to determine identities andquantities of EPCRA Section 313 chemicals that may be in flotation agents. To help you identify

Example - Soil Reclamation

A covered mining facility receiveswaste sewage sludge from off-site foruse in soil reclamation. Is theapplication of waste sewage sludge toland considered an otherwise use? Arethe EPCRA Section 313 chemicals usedin the soil reclamation activity eligiblefor the de minimis exemption, and if so,how are amounts reported (e.g.released to land)?

The metal mine is otherwise using theEPCRA Section 313 chemicals containedin the waste sewage sludge as soilbuilding material. However, because theEPCRA Section 313 chemicals containedin the sludge are being managed as awaste, the amounts of EPCRA Section313 chemicals being otherwise used arenot eligible for the de minimis exemption. Amounts of EPCRA Section 313chemicals are reported as a release toland. The otherwise use of EPCRASection 313 chemicals, such as nitratecompounds for farming, is to be reportedas a release to land in Section 5.5 of theForm R.

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EPCRA Section 313 chemicals commonly used as flotation agents in copper beneficiation andlead/zinc beneficiation, use Tables 3-6 and 3-7, respectively. Some facilities may use petroleumfuels as collectors (promoters). Table 3-8 shows the chemical constituents and theirconcentrations in petroleum fuels commonly used as collecting agents. If you do not have betterfacility-specific data (e.g., MSDSs, process specifications, and other sources), you may use theconcentrations in Table 3-8 as default values.

Table 3-6Common Copper Beneficiation Flotation Agents

Containing EPCRA Section 313 Chemicals

Flotation Agent EPCRA Section 313 Chemical

Copper sulfate Copper compounds

Cresylic acid Cresols

Nokes reagent Arsenic compounds

Kerosene Cyclohexane, naphthalene, benzene, xylene, and ethylbenzene (all typically below de minimis)

Polyacrylamide Acrylamide (monomer)

Sodium cyanide Cyanide compounds

Sodium ferrocyanide Cyanide compounds

Zinc sulfate Zinc compounds

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Table 3-7Common Lead/Zinc Beneficiation Flotation Agents

Containing EPCRA Section 313 Chemicals

Flotation Agent EPCRA Section 313 Chemical

Copper Sulfate Copper Compound

Cresylic Acid Cresols

Sodium Ferrocyanide Cyanide Compounds

Sodium dichromate Chromium compounds

Zinc Sulfate Zinc Compounds

Table 3-8 Estimated Concentration Values of EPCRA Section 313 Constituents in Crude Oil and

Petroleum Products (Weight Percent)

EPCRASection 313Chemical

De MinimisLevel*

Crude Oil Gasoline(VariousGrades)

No.2 FuelOil/ Diesel

Fuel

Jet Fuel(JP-4)

Kerosene Lubri-cating

Oil

No. 6Fuel Oil

AviationGasoline

Benzene 0.1 0.446 R 1.608 R 8.0E-04 A 1.0 A 0.004 A N/A 0.001 0.515 R

Biphenyl 1.0 0.060 R 0.010 R 0.100 0.120 R 0.120 R N/A N/A N/A

Bromine 1.0 N/A N/A N/A N/A N/A N/A 3.0E-06 N/A

Chlorine 1.0 N/A N/A N/A N/A N/A N/A 0.0131 D N/A

Cyclohexane 1.0 0.700 0.240 N/A 1.240 N/A N/A N/A N/A

Ethylbenzene 1.0 0.346 R 1.605 R 0.013 A 0.50 A 0.127 A N/A 0.0022 0.432 R

n-Hexane 1.0 2.463 R 7.138 R 1.0 A 5.60 A 0.005 A N/A N/A 0.126 R

MTBEb 1.0 N/A 15.00 N/A N/A N/A N/A N/A N/A

Naphthalene 1.0 0.219 R 0.444 R 0.550 0.468 R 0.733 R N/A 0.10 0.10 R

Phenanthrene 1.0 N/A N/A 0.125 N/A N/A N/A N/A N/A

Phenol 1.0 0.323 0.055 0.064 N/A 0.770 N/A N/A N/A

PACse 0.1 0.0004 N/A N/A N/A N/A N/A 1.13 N/A

Styrene 0.1 N/A N/A@ 0.032 R N/A N/A N/A N/A N/A

Toluene 1.0 0.878 R 7.212 R 0.032 A 3.20 A 1.330 A N/A 0.006 7.327

1,2,4-Trimethyl-benzene

1.0 0.326 2.50‡ 1.0 ‡ N/A N/A N/A N/A N/A

Xylene 1.0 1.420 R 7.170 R 0.290 A 3.20 A 0.31 A N/A 0.013 2.204

Antimonya 0.1 1.0E-05 N/A N/A N/A N/A N/A 1.0E-06 N/A

Arsenica 0.1/1.0 c 2.0E-05 N/A 8.5 E-06 N/A N/A N/A 3.06E-05D

N/A

Berylliuma 0.1/1.0 c 2.0E-07 N/A 5.0 E-06 N/A N/A N/A 2.7E-06D N/A

Cadmiuma 0.1/1.0 c 4.0E-07 N/A 2.1 E-05 N/A N/A N/A 2.0E-06D N/A

EPCRASection 313Chemical

De MinimisLevel*

Crude Oil Gasoline(VariousGrades)

No.2 FuelOil/ Diesel

Fuel

Jet Fuel(JP-4)

Kerosene Lubri-cating

Oil

No. 6Fuel Oil

AviationGasoline

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Chromiuma 0.1/1.0 d 4.0E-05 N/A 9.5 E-05 N/A N/A N/A 3.1E-05 D N/A

Cobalta 1.0 0.0003 N/A N/A N/A N/A N/A 1.63E-04D

N/A

Coppera 1.0 4.0E-05 5.6E-04 N/A N/A N/A 3.0E-05 N/A

LeadCompounds

1.0 (organic)0.1 (inorg.)

N/A N/A N/A N/A N/A N/A 1.41E-04D

0.14~

(organic)

Manganesea 1.0 N/A N/A 2.1E-05 N/A N/A N/A 3.5E-05 D N/A

Mercurya 1.0 0.0006 N/A 4.0E-05 N/A N/A N/A 9.2E-07 D N/A

Nickela 0.1 0.0055 N/A 3.38E-04 N/A N/A N/A 2.6E-03 D N/A

Seleniuma 1.0 4.0E-05 N/A N/A N/A N/A N/A 9.5E-06 D N/A

Silvera 1.0 N/A N/A N/A N/A N/A N/A 2.0E-08 N/A

ZincCompounds

1.0 N/A N/A N/A N/A N/A 1.0 N/A N/A

Unless otherwise noted, Source: Economic Analysis of the Final Rule to Add Certain Industry Groups to EPCRA Section 313, Appendix B "Composition of Crude Oiland Petroleum Products."A American Petroleum Institute report prepared for Mr. Jim Durham, EPA (December 23, 1993), regarding revised estimates of heavy petroleum product liquid constituentsthat are listed as hazardous air pollutants (HAPs) under section 112 of the Clean Air Act Amendments (CAAA). R Radian Corporation report prepared for Mr. James Durham, EPA (August 10, 1993), regarding liquid HAP concentrations of various petroleum products.D Appendix D, Study of Hazardous Air Pollution Emissions from Electric Utility Steam Generating Units--Final Report to Congress, USEPA, OAQPS (February 1998)453/R-98-004b.* The de minimis concentration values for the metals is for the metal compound.~ Lead compounds concentration for Aviation Gasoline 100 (Exxon-MSDS).‡ Concentrations updated with comments received from API.a Constituents are most likely metal compounds rather than the elements. Elements are listed in this table because concentration data are for only the metals occurring in thefuel. Concentrations for metal compounds would be somewhat higher depending on the metal compound. For threshold determination, if the weight of the compound is notknown, facilities may use the weight of the lowest metal compound likely to be present.@ Data from EPA report prepared by Radian Co. for this constituent are considered suspect and are not recommended for use, based on discussion with Jim Durham of EPAon November 30, 1998. b MTBE may be present to enhance octane in concentrations from 0-15% (industry practice, not sampling results).c The de minimis level for inorganic compounds is 0.1; for organic compounds is 1.0.d The de minimis level for chromium VI compounds is 0.1; for chromium III compounds is 1.0.e The petroleum products may contain one or more of the following chemicals under the polycyclic aromatic compounds (PACs) category: benzo(a)anthracene, benzo(b)fluoranthene, benzo(j)fluoranthene, benzo(k)fluoranthene, benzo(rst)pentaphene, benzo(a)phenanthrene, benzo(a)pyrene, dibenz(a,h)acridine, dibenz(a,j)acridine,dibenzo(a,h)anthracene, 7H-Dibenzo(c,g)carbazole, dibenzo(a,e)fluoranthene, dibenzo(a,e)pyrene, dibenzo(a,h)pyrene, dibenzo(a,l)pyrene, 7,12-dimethylbenz(a)anthracene, indeno[1,2,3-cd]pyrene, 5-methylchrysene, 1-nitropyrene. For No. 6 fuel oil, the value given is for benzo(a)anthracene.

Special “Otherwise-Use” Activities to Consider for Metal Mining Facilities

C EPCRA Section 313 chemicals used in beneficiation activities such as frothflotation, conditioning, leaching, are otherwise use activities.

C EPCRA Section 313 chemicals in manufactured items (e.g., anodes, crushersgrinders) used in beneficiation activities, should be considered toward theotherwise use threshold if the item is installed during the reporting year, and doesnot qualify for the article exemption.

C Any EPCRA Section 313 chemicals that a facility uses to treat waste is otherwiseused.

C EPCRA Section 313 chemicals in materials purchased to be used as fuel or formaintaining equipment operations, other than for maintaining motor vehicles,should be included in the threshold determination for “otherwise use” activities.

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C EPCRA Section 313 chemicals in materials that are used to maintain processequipment (e.g., lubricants, solvents, wear parts).

Waste Management Activities. For purposes of the otherwise use definition, EPAinterprets waste management activities to include recycling, combustion for energy recovery,treatment for destruction, waste stabilization, and release, including disposal. However, forcalculating thresholds, the only quantity that should be applied to the otherwise use definition arethose that are treated for destruction, stabilized, or disposed on-site. Waste management does notinclude the storage, container transfer, or tank transfer of an EPCRA Section 313 chemical if norecycling, combustion for energy recovery, treatment for destruction, waste stabilization, orrelease of the chemical occurs at the facility (62 FR 23850; May 1, 1997).

Table 3-9EPA Guidance Related to Waste Management Activities

Waste ManagementActivity

Description

Recycling As referenced in the May 1, 1997, Federal Register and defined in the document,Interpretations of Waste Management Activities: Recycling, Combustion for EnergyRecovery, Treatment for Destruction, Waste Stabilization, and Release (April 1997),recycling means: (1) the recovery for reuse of an EPCRA Section 313 chemical from agaseous, aerosol, aqueous, liquid, or solid stream; or (2) the reuse or the recovery foruse of an EPCRA Section 313 chemical that is a RCRA hazardous waste as defined in40 CFR Part 261. Recovery is the act of extracting or removing the EPCRA Section313 chemical from a waste stream and includes: (1) the reclamation of the EPCRASection 313 chemical from a stream that entered a waste treatment or pollution controldevice or process where destruction of the stream or destruction or removal of certainconstituents of the stream occurs (including air pollution control devices or processes,wastewater treatment or control devices or processes, Federal or state permittedtreatment or control devices or processes, and other types of treatment or controldevices or processes); and (2) the reclamation for reuse of an “otherwise used” EPCRASection 313 chemical that is spent or contaminated and that must be recovered forfurther use in either the original or any other operations.

Combustion forenergy recovery

Combustion for energy recovery is interpreted by EPA to include the combustion of anEPCRA Section 313 chemical that is (1) (a) a RCRA hazardous waste or waste fuel, (b)a constituent of a RCRA hazardous waste or waste fuel, or (c) a spent or contaminated“otherwise used” material; and that (2) has a significant heating value and is combustedin an energy or materials recovery device. Energy or materials recovery devices areboilers and industrial furnaces as defined in 40 CFR §372.3 (See 62 FR 23891). If areported toxic chemical is incinerated but does not contribute energy to the process(e.g., metal, metal compounds, and chloroflorocarbons), it must be consideredtreatment for destruction. In determining whether an EPCRA Section 313 chemical iscombusted for energy recovery, the facility should consider the heating value of theEPCRA Section 313 chemical and not the heating value of the chemical stream.

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Treatment fordestruction

Means the destruction of an EPCRA Section 313 chemical in waste such that thesubstance is no longer the EPCRA Section 313 chemical subject to reporting. Treatment for destruction does not include the destruction of an EPCRA Section 313chemical in waste where the EPCRA Section 313 chemical has a heat value greaterthan 5,000 British Thermal Units (BTU) and is combusted in any device that is anindustrial boiler or furnace. (See 40 CFR §372.3.) “Treatment for destruction”includes acid or alkaline neutralization if the EPCRA Section 313 chemical is the entitythat reacts with the acid or base. “Treatment for destruction” does not include: (1)neutralization of a waste stream containing EPCRA Section 313 chemicals if theEPCRA Section 313 chemicals themselves do not react with the acid or base (See 40CFR §372.3), (2) preparation of an EPCRA Section 313 chemical for disposal, (3)removal of EPCRA Section 313 chemicals from waste streams, and (4) activitiesintended to render a waste stream more suitable for further use or processing, such asdistillation or sedimentation. (Note: Amounts of metals CAN NOT be destroyed andtherefore should not be reported as treated for destruction.)

Waste stabilization Means any physical or chemical process used to either reduce the mobility of hazardousconstituents in a hazardous waste or eliminate free liquid as determined by a RCRAapproved test method (e.g., Test Method 9095). A waste stabilization process includesmixing the hazardous waste with binders or other materials and curing the resultinghazardous waste and binder mixture. Other synonymous terms used to refer to thisprocess are “stabilization,” “waste fixation,” or “waste solidification.” (See 40 CFR§372.3.)

Release Release is defined by EPCRA Section 329(8) to mean any spilling, leaking, pumping,pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, ordisposing into the environment (including the abandonment or discarding of barrels,containers, and other closed receptacles) of any EPCRA Section 313 chemical. (See 40CFR §372.3.)

Disposal Disposal means any underground injection, placement in landfills/surfaceimpoundments, land treatment, or other intentional land disposal. (See 40 CFR§372.3.)

(See EPA document, Interpretations of Waste Management Activities: Recycling, Combustion for EnergyRecovery, Waste Stabilization and Release for further detail.)

Waste management activities conducted by a facility on EPCRA Section 313 chemicals inwastes generated on-site are not considered an otherwise use of that chemical. The otherwise usethreshold applies to amounts disposed, stabilized (without subsequent distribution in commerce),or treated for destruction from wastes received from off-site or from chemicals generated fromwaste received from off-site. Simply receiving and storing a waste from off-site for wastemanagement sometime in the future does not trigger an “otherwise use” of those chemicals inwaste. However, subsequent activities involving the EPCRA Section 313 chemical in wastemanaged on-site may require you to consider those amounts toward other threshold activities. For example, recycling of an EPCRA Section 313 chemical for distribution into commerce wouldapply towards the processing threshold. Likewise, if an EPCRA Section 313 chemical taken froman on-site waste is burned for energy recovery, then amounts would be considered toward theotherwise use threshold.

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Example - Otherwise Use

A facility captures leachate from a landfill, treats the leachate with an EPCRA Section 313 chemical, andthen uses the treated leachate (which now contains the EPCRA Section 313 chemical) as on-site irrigationwater. Is the facility “otherwise using” the EPCRA Section 313 chemical in the irrigation water, andshould the facility report the EPCRA Section 313 chemical as a release to land in Section 5.5.4, OtherDisposal?

Yes. Use of EPCRA Section 313 chemicals contained in the treated leachate for irrigation purposes isconsidered an “otherwise use” and amounts of these chemicals contained in the treated leachate must be countedtoward the “otherwise use” threshold. Any EPCRA Section 313 chemicals manufactured during the treatmentof the leachate would also need to be considered toward the “manufacturing” threshold. The treated leachate,and EPCRA Section 313 chemicals contained in the treated leachate, are also considered a waste and any“otherwise use” of EPCRA Section 313 chemicals contained in the treated leachate is not eligible for the deminimis exemption. The “otherwise use” of these chemicals for irrigation constitutes a release to land andwould be reportable in Part II 5.5.4 Other Disposal.

3.2.1 Concentration Ranges for Threshold Determination

You are required to use your best “readily available data” for estimating EPCRA Section313 threshold determinations and release and other waste managed calculations. In some cases,the exact concentration of an EPCRA Section 313 chemical in a mixture or other trade nameproduct or in a waste may not be known. In these cases, the waste profile, customer, supplier, orMSDS may only provide ranges, or upper or lower bound concentrations. EPA has developedthe following guidance on how to determine concentrations from this type of information for usein threshold determinations:

C If exact concentration is provided, use it.

C If the concentration is provided as a lower and upper bound or as a range, youshould use the mid-point in your calculations for the threshold determination. Forexample, the waste profile states methanol is present in a concentration of not lessthan 20% and not more than 40%, or it may be stated as present at a concentrationbetween 20 to 40%. You should use 30% methanol in your threshold calculations.

C If only the upper bound concentration is provided you must use this value in yourthreshold calculation.

C If only the lower bound concentration of the EPCRA Section 313 chemical isspecified and the concentration of other components are given, subtract the othercomponent values from 100%. The remainder should be considered the upperbound for the EPCRA Section 313 chemical and you should use the given lowerbound to calculate the mid-point as discussed above. For example, the wasteprofile states that a solvent contains at least 50% MEK and 20% non-hazardoussurfactants. Subtracting the non-hazardous contents from 100% leaves 80% as theupper bound for MEK. The mid-point between upper (80%) and lower (50%)bounds is 65%, the value you should use in your threshold calculation.

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C If only the lower bound is specified and no information on other components isgiven assume the upper bound is 100% and calculate the mid-point as above.

Even if the concentration of a chemical is known through engineering knowledge only, thefacility is still required to consider the chemical for threshold determinations. For example, facilityengineers may have knowledge that nitric acid is manufactured in an on-site incinerator. If thereare no waste profiles or permit information specifically listing nitric acid, the facility must stillconsider the chemical for threshold determinations. This determination should be made based ontheir best “readily available data”, be it process knowledge or other reasonable estimationtechniques.

When determining concentration information for wastes, it is important to understand thatthe de minimis exemption does NOT apply to wastes. If your waste profiles (or otherinformation) indicate that there are chemicals present that are below the detection limit, you maystill need to include those chemicals in your threshold determinations and release and other wastemanagement calculations. If you have no information to indicate that the chemical exists in thewaste stream, you may assume that the concentration is zero. However, if the facility has reasonto believe that the EPCRA Section 313 chemical is present in the waste, it may use half of thedetection limit for that chemical when making threshold determinations and release and otherwaste management calculations.

Example - Average Concentration

Is it appropriate for a metal mining facility to develop an average concentration for an EPCRA Section313 chemical contained in many different ores extracted by the facility, and then use that average as abasis of threshold determination? If so, does EPA have a recommended approach for developing such anaverage?

EPCRA allows facilities to use “readily available data” to provide information required under EPCRA Section313. When data are not “readily available”, EPCRA allows facilities to use “reasonable estimates”of theamounts involved. A facility must use its best judgment to determine whether data are “readily available.” Thus, with regard to use of average concentration levels, a facility must use its best judgment to decide whetherthe raw data from which it might base any average concentration level are “readily available”. In any event, afacility should carefully document its decision making. For example, if a facility decides to use averageconcentration levels, it should document why the raw data from which the averages are based are not “readilyavailable”, how it arrived at any average concentration level used, and why the average concentration level is a“reasonable estimate”of the amount of the EPCRA Section 313 chemical in the waste stream. EPA does nothave a recommended approach for determining average concentration levels.

3.2.2 Evaluation of Exemptions

EPCRA Section 313 provides the following exemptions for metal mining facilities :

C Overburden exemption (metal mining facilities only);

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C Laboratory activities exemption;C De minimis exemption;C Article exemption;C Exemptions that apply to the otherwise use of chemicals: routine janitorial/facility

grounds maintenance exemption; personal use exemption; structural componentexemption; motor vehicle maintenance exemption; exemption for air or waterdrawn from the environment or municipal sources for certain uses.

Each of these exemptions is discussed in detail below.

3.2.2.1 Overburden Exemption

If an EPCRA Section 313 chemical that is a constituent of overburden is processed orotherwise used by metal mining facilities, the facility is not required to consider the quantity of theEPCRA Section 313 chemical processed, or otherwise used when calculating thresholds or whencalculating release and other waste management quantities. EPCRA Section 313 chemicals used(e.g., as explosives) to remove overburden are not eligible for the overburden exemption. Overburden is the unconsolidated material that overlies a deposit of useful materials or ores. Itdoes not include any portion of ore or waste rock (40 CFR 327.3). As previously discussed,waste rock is generally considered that portion of the ore body that is barren or submarginal rockor ore which has been mined but is not of sufficient value to warrant treatment and is thereforeremoved ahead of the milling process (May 1, 1997; 62 FR 23859).

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3.2.2.2 Laboratory Activities Exemption

This exemption includes EPCRA Section 313 chemicals that are manufactured, processed,or otherwise used in a laboratory under the supervision of a technically qualified individual. Thisexemption may be applicable in such circumstances as laboratory sampling and analysis, researchand development, and quality assurance and quality control activities. It does not include pilotplant scale or specialty chemical production. It also does not include laboratory support activities.For example, chemicals used to maintain laboratory equipment are not eligible for the laboratoryactivities exemption.

Example - Laboratory Activities Exemption

If a facility takes a sample from its process stream to be tested in a laboratory for quality controlpurposes, are releases of an EPCRA Section 313 chemical from the testing of the sample in the laboratoryexempt under the laboratory activities exemption?

Yes, provided that the laboratory at the covered facility is under the direct supervision of a technically qualifiedindividual as provided in 40 CFR 372.38(d). The laboratory exemption applies to the “manufacture,” “process,”or “otherwise use” of EPCRA Section 313 chemicals and any associated release and other waste managementamounts that take place in a qualifying laboratory.

3.2.2.3 De Minimis Exemption

If the amount of EPCRA Section 313 chemical(s) present in a mixture or other trade nameproduct processed or otherwise used is below its de minimis concentration level, that amount isconsidered to be exempt from threshold determinations and release and other waste managementcalculations. (Note that this exemption does not apply to manufacturing, except for importation oras an impurity as discussed below.) Because wastes are not considered mixtures or other tradename products, the de minimis exemption does not apply to wastes. The de minimisconcentration for mixtures or other trade name products is 1%, except for OSHA-definedcarcinogens, which have a 0.1% de minimis concentration. If a mixture or other trade nameproduct contains more than one member of a compound category, the weight percent of allmembers must be summed. If the total meets or exceeds the category’s de minimis level, the deminimis exemption does not apply. Information may only be available that lists the concentrationof chemicals in mixtures as a range. EPA has developed guidance on how to determine quantitiesthat are applicable to threshold determinations, release, and other waste management calculationswhen this range straddles the de minimis value. EPA has published several detailed questions andanswers and a directive in the EPCRA Section 313 Q&A Document that may be helpful if youhave additional concerns about the de minimis exemption. The TRI Forms and Instructions listeach EPCRA Section 313 chemical and compound category with the associated de minimis value.

The de minimis exemption also applies in limited circumstances to the manufacture ofEPCRA Section 313 chemicals. In the specific case where EPCRA Section 313 chemicals arecoincidentally manufactured in a product and remain in the product as an impurity which is thensubsequently distributed in commerce, amounts of EPCRA Section 313 chemicals are eligible forthe de minimis exemption. For example, in the beneficiation of gold ore, nickel compounds may

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be formed and transferred with the gold ore as it is distributed in commerce. The nickelcompounds are not desirable, but are of such a low concentration that the additional effort toremove them is not economically justifiable. In this case, the nickel compounds are considered animpurity and are eligible for the de minimis exemption. The de minimis exemption also applies toEPCRA Section 313 chemicals in an imported mixture or other trade name product.

The de minimis exemption, however,does not apply to EPCRA Section 313chemicals that are coincidentallymanufactured as byproducts that areseparated from the product; nor does it applyto chemicals that are coincidentallymanufactured as a result of waste treatmentor other waste management activities, or towaste brought on site for waste management. Metal mining facilities may coincidentallymanufacture EPCRA Section 313 chemicalsas byproducts during beneficiation. Forexample, a cobalt mine extracts ore containingarsenic. During beneficiation, arseniccompounds in the ore convert to other arseniccompounds, which the facility removes andmanages as a waste. The facility coincidentally manufactured arsenic compounds as a byproduct,and the de minimis exemption does not apply to threshold determinations and release and otherwaste management reporting for the manufactured arsenic compounds.

Once the de minimis level has been met or exceeded, the exemption no longer applies tothat process stream, even if the concentration of the EPCRA Section 313 chemical in a mixture orother trade name product later drops below the de minimis level. All releases and other wastemanagement activities are subject to reporting after the de minimis concentration has beenequaled or exceeded, provided an activity threshold has been exceeded.

De Minimis Exemption

Chemicals in ore or concentrate that are below de minimis levels and remain below de minimis levels areeligible for the de minimis exemption. If an EPCRA Section 313 chemical is at a concentration in ore below thede minimis level, and is concentrated above the de minimis level during beneficiation, you must consideramounts of the concentrate above de minimis concentrations toward threshold determination and release andother waste management activities.

Waste Rock and the De Minimis Exemption

Because waste rock is not manufactured, processed, orotherwise used, amounts of EPCRA Section 313chemicals in waste rock are not eligible for the deminimis exemption. Therefore, if you exceed athreshold for an EPCRA Section 313 chemical that isalso present in waste rock, you must report thedisposal or other waste management of the waste rockon the chemical’s Form R, regardless ofconcentration. If you decide to beneficiate waste rock,the EPCRA Section 313 chemicals that are preparedfor distribution into commerce are considered to beprocessed and, therefore, are eligible for the deminimis exemption.

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Example - De Minimis

A facility receives a mixture with an EPCRA Section 313 chemical in a concentration below the de minimisconcentration. During processing, the concentration of the EPCRA Section 313 chemical exceeds its deminimis level. This facility must consider amounts toward threshold determination and releases and other wastemanagement activities that take place after the point in the process where the de minimis level is met orexceeded. The facility does not have to consider toward threshold determinations or release and other wastemanagement estimates, activities that took place before the de minimis level was met or exceeded.

3.2.2.4 Article Exemption

An article is defined as a manufactured item if each of the three criteria below applies:C Is formed to a specific shape or design during manufacture; C Has end-use functions dependent in whole or in part upon its shape or design; andC Does not release an EPCRA Section 313 chemical under normal conditions of

processing or otherwise use of the item at the facility.

If you receive a manufactured item from another facility and process or otherwise use theitem without changing the shape or design, and your processing or otherwise use results in therelease of 0.5 pound or less of the EPCRA Section 313 chemical in a reporting year from all likearticles, then the EPCRA Section 313 chemical in that item is exempt from thresholddeterminations and release and other waste management reporting. The article exemption doesnot apply to the manufacturing of items at your facility.

The shape and design of a manufactured item can change somewhat during processing andotherwise use activities as long as part of the item retains the original dimensions. That is, as aresult of processing or otherwise use, if an item retains its initial thickness or diameter, in wholeor in part, then it still meets the definition of article. If the item's basic dimensional characteristicsare totally altered during processing or otherwise use, the item would not meet the definition,even if there were no releases of an EPCRA 313 chemical from these manufactured items. As anexample, items that do not meet the definition would be items that are cold extruded, such as barstock that is formed into wire. However, stamping a manufactured item into pieces that arerecognizable as the original articles would not change the exemption status as long as thediameter and the thickness of the item remain unchanged. For instance, metal wire may be bentand sheet metal may be cut, punched, stamped, or pressed without losing the article status as longas no change is made in the diameter of the wire or tubing or the thickness of the sheet and, moreimportant, there are no releases of the EPCRA Section 313 chemical(s).

Any processing or otherwise use of an article that results in a release above 0.5 pound peryear for each EPCRA Section 313 chemical for all like articles will negate the article exemption. Cutting, grinding, melting, or other processing of a manufactured item could result in a release ofan EPCRA Section 313 chemical during normal conditions of use and, therefore, could negate theexemption as an article if the total release exceeds 0.5 pound in a year. However, if all of theresulting waste is recycled or reused, either on site or off site such that the release and other wastemanagement of the EPCRA Section 313 chemical in all like articles does not exceed 0.5 pound,then the article exemption status is maintained. Also, if the processing or otherwise use of similar

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manufactured items results in a total release and other waste management of less than or equal to0.5 pound of any individual EPCRA Section 313 chemical in a calendar year, EPA will allow thisquantity to be rounded to zero and the manufactured items to maintain their article exemption. The 0.5 pound limit does not apply to each individual article; instead, it applies to the sum ofreleases and other waste management activities (except recycling) from processing or otherwiseuse of all like articles for each EPCRA Section 313 chemical contained in these articles.

The EPCRA Section 313 Q&A document presents several specific questions andanswers/discussion pertaining to the article exemption.

3.2.2.5 Exemptions that Apply to the Otherwise Use of EPCRA Section 313Chemicals

Some exemptions are limited to the “otherwise use” of an EPCRA Section 313 chemical. EPCRA Section 313 chemicals used in these activities do not need to be included in a facility’sthreshold determinations nor the associated release and other waste management calculations,provided thresholds are met elsewhere. The following otherwise use activities are consideredexempt (see most current versions of TRI Forms and Instructions and EPCRA Section 313Questions and Answers documents):

C EPCRA Section 313 chemicals used in routine janitorial or facility groundsmaintenance. Examples are bathroom cleaners and fertilizers and gardenpesticides in similar type or concentration distributed in consumer products.Materials used to clean process-related equipment do not qualify for thisexemption.

C EPCRA Section 313 chemicals for personal use. Examples are foods, drugs,cosmetics, and other personal items including those items used in cafeterias andinfirmaries.

Example - Personal Use Exemption

Ammonia used to clean a cafeteria grill is exempt from threshold determinations and release and other wastemanagement calculations. Chlorine added to the water supply system to prepare potable water for consumptionat the facility is also exempt under the personal use exemption.

C EPCRA Section 313 chemicals in structural components of the facility. Thisexemption applies to EPCRA Section 313 chemicals present in materials used toconstruct, repair, or maintain non-process related structural components of afacility. An example common to all facilities would be the solvents and pigmentsused to paint the administrative office buildings. Materials used to construct,repair, or maintain process-related equipment (e.g., storage tanks, reactors, andpiping) are not exempt.

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C EPCRA Section 313 chemicals used to maintain facility motor vehicles. Thisexemption includes the use of EPCRA Section 313 chemicals for the purpose ofmaintaining motor vehicles operated by the facility. Common examples includeEPCRA Section 313 chemicals in gasoline, radiator coolant, windshield wiperfluid, brake and transmission fluid, oils and lubricants, batteries, cleaning solutions,and solvents in paint used to touch up the vehicle. Motor vehicles include cars,trucks, forklifts, and locomotives. Note that this exemption applies only to theOTHERWISE USE of the chemical only. The coincidental manufacture ofEPCRA Section 313 chemicals resulting from combustion of gasoline is notconsidered part of the exemption, and any amounts of EPCRA Section 313chemicals coincidentally manufactured should be considered as part of themanufacturing threshold.

Example - Motor Vehicle Exemption

Methanol is purchased for use as a processing aid and as a windshield washer anti-freeze in company vehicles. The amount used for the latter purpose can be subtracted from the facility total BEFORE the facility total iscompared to the activity threshold. Even if the facility still exceeds the otherwise use threshold, the amount inthe anti-freeze is eligible for the exemption from release and other waste management reporting.

This exemption does NOT apply to stationary equipment. The use of lubricants and fuels forstationary process equipment (e.g., pumps and compressors) and stationary energy sources (e.g.,furnaces, boilers, heaters), are NOT exempt.

Example - Use of Lubricants

Lubricants containing EPCRA Section 313 chemicals used on facility vehicles or on-site structural maintenanceactivities that are not integral to the process are exempt activities. However, lubricants used to maintain pumpsand compressors, which aid in facility process-related operations, are not exempt and the amount of thechemical in that lubricant should be applied to the otherwise use threshold.

C EPCRA Section 313 chemicals in certain air and water drawn from theenvironment or municipal sources. Included are EPCRA Section 313 chemicalspresent in process water and non-contact cooling water drawn from theenvironment or a municipal source, or chemicals present in compressed air or airused in combustion.

Example - Chemicals in Process Water

A facility uses river water in its cooling tower. The facility draws out of and ultimately returns to the riverwater that contains 100 pounds of an EPCRA Section 313 chemical. Any amount of the EPCRA Section 313chemicals that may be contained in the river water does not have to be considered for threshold determinationsor release and other waste management calculations because the EPCRA Section 313 chemicals were present inthe water as it was drawn from the environment.

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3.2.3 Additional Guidance on Threshold Calculations for Certain Activities

This section covers two specific situations in which the threshold determination may varyfrom normal facility operations: reuse and remediation activities of EPCRA Section 313chemicals.

3.2.3.1 On-site Reuse Activities

Threshold determinations of EPCRA Section 313 chemicals that are reused at the facilityare based only on the amount of the EPCRA Section 313 chemical that is added during the year,and not the total volume in the system or the amounts reused.

Example - Reuse Activities

A facility operates a heat transfer unit that contains 15,000 pounds of ethylene glycol at the beginning of theyear that was in use in prior years. The system is charged with 2,000 pounds of ethylene glycol during thereporting year. The facility has therefore “otherwise used” only 2,000 pounds of the covered EPCRA Section313 chemical within that particular reporting year. A facility reporting for the first time would consider onlythe amount of EPCRA Section 313 chemical that is added during its first reporting year towards its “otherwiseuse” threshold for that year. If, however, the entire heat transfer unit was recharged with 15,000 pounds ofethylene glycol during the year, the facility would consider the 15,000 pounds toward its otherwise use thresholdand, exceeding the otherwise use threshold, be required to report.

3.2.3.2 Remediation Activities

EPCRA Section 313 chemicals that are being managed at a remediation site (e.g.,Superfund) are not considered manufactured, processed, or otherwise used and therefore, they arenot included in the threshold determinations. However, if during remediation activities, anEPCRA Section 313 chemical is manufactured, then these amounts would have to be consideredtoward the manufacturing threshold. Additionally, if you are conducting remediation for anEPCRA Section 313 chemical for which you have exceeded an activity threshold elsewhere at thefacility, you must consider this activity in your release and other waste management calculations. In that case, you must report any release and other waste management of an EPCRA Section 313chemical due to remediation in Part II, Sections 5 through 8, accordingly, of the Form R. Thosequantities, however, would not be considered as part of the reportable amount for determiningForm A eligibility because they are not considered part of normal production related activities.

3.3 Step 3. Determine which EPCRA Section 313 chemicals exceed a threshold

The final step is to determine which chemicals exceed a threshold. At this point youshould have:

1. Determined each EPCRA Section 313 chemical at your facility;

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2. Determined the threshold activity for each EPCRA Section 313 chemical(manufactured, processed, or otherwise used) and calculated the quantity for each activity.

Now, you must sum the usage for each chemical by threshold activity, subtract all exemptquantities, and compare the totals to the applicable thresholds. Each EPCRA Section 313chemical exceeding any one of the activity thresholds requires the submission of a Form R. Provided you meet certain criteria you may be eligible to file a Form A rather than a Form R.

POSSIBLE ERROR - What if Your Facility Has No Releases and OtherWaste Management Quantities of EPCRA Section 313 Chemicals?

If you meet all reporting criteria and exceed any threshold for an EPCRA Section 313 chemical, you must file aForm R or Form A for that chemical, even if you have zero releases and no other waste management activities. Exceeding the chemical activity threshold, not the quantity released and otherwise managed as waste,determines whether you must report. Note that if the total annual reportable amount is 500 pounds or less, andyou do not exceed one million pounds manufactured, processed, or otherwise used for that chemical, then youare eligible to submit a Form A rather than a Form R for that chemical (see Chapter 2.9).

Calculating the Manufacturing Threshold for EPCRA Section 313 Chemicals in Wastes

Metal mining may coincidently manufacture EPCRA Section 313 chemicals during heapleaching, wastewater treatment, and other waste management operations. You will also need toconsider whether EPCRA Section 313 chemicals are produced coincidentally, even if the chemicalexists for only a short period of time, and later is destroyed by air control equipment. Mostcommonly, incineration may result in the manufacture of metal compounds (usually as a result ofoxidation), acid aerosols, and other organic compounds, or convert metal compounds to theparent metal (e.g., mercury compounds in coal convert to elemental mercury). The followingdiscussion describes how to calculate the manufacturing threshold for these situations.

To calculate the amount of EPCRA Section 313 metal compounds manufactured duringcombustion of wastes, you will need to determine the concentration of each metal present in thewaste being combusted. The best “readily available data” should be used to estimate theapproximate concentration of the metal(s) in the waste. If you have data regarding chemicalconcentrations in the wastes (e.g., analytical data) and believe that it is the best “readily availabledata”, then you should use this information. If specific concentration data of the metals in thewaste do not exist, you can assume that the metals will convert to the lowest weight metal oxidepossible.

During combustion, other EPCRA Section 313 chemicals could be manufactured,particularly acid aerosols. For instance, sulfuric acid (acid aerosols) could be produced dependingon a variety of factors such as sulfur content of the waste. If you have specific data on themanufacture of acid aerosols, then use it. If data are not available, EPA has published guidanceon calculating the amount of sulfuric acid (acid aerosols) manufactured during combustion, whichcould be applied to the combustion of wastes; Guidance for Reporting Sulfuric Acid (acidaerosols including mists, vapors, gas, fog, and other airborne forms of any particle size), EPA,March 1998, available on EPA’s TRI website at http://www.epa.gov/opptintr/tri.

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To estimate the amount of EPCRA Section 313 chemicals manufactured duringwastewater treatment, the Clean Water Act typically requires facilities to monitor some EPCRASection 313 chemicals. In particular, the facility’s wastewater permit application may have moredetailed, chemical-specific monitoring data. However, it is important to note how the chemical ismonitored in relation to the EPCRA Section 313 chemical being evaluated. For example,wastewater permits may require monitoring for the nitrate ion, but the nitrate compound categoryis calculated by the total weight of the nitrate compound.

Calculating the Otherwise Use and Processing Thresholds for EPCRA Section 313 Chemicalsin Wastes

To determine if a chemical exceeds the processing or otherwise use threshold, you mustcalculate the annual activity for that chemical. For EPCRA Section 313 chemicals in wastes, startwith the amount of chemical in stored waste as of January 1, add the amount of the chemical inwaste both received from off-site and generated on-site and any amounts that are manufacturedduring the treatment during the year, and subtract the amount remaining in storage on December31. The waste manifests received from your customers will be an invaluable source fordetermining the quantities of different types of wastes managed by your facility, particularly interms of classifying how various types and quantities undergo a treatment step, or are disposed byyour facility, for example when determining if the otherwise use threshold has been exceeded.

Calculating Thresholds for EPCRA Section 313 Chemicals in Purchases

For purchased chemicals, start with the amount of chemical at the facility as of January 1,add any purchases during the year and the amount manufactured (including imported), andsubtract the amount remaining in the inventory on December 31. If necessary, adjust the total toaccount for exempt activities (see Chapter 3.2.2 for a discussion of exemptions). You shouldthen compare the result to the appropriate threshold to determine if you are required to submit anEPCRA Section 313 report for that chemical.

Keep in mind that the threshold calculations are independent for each threshold activity: manufactured, processed, and otherwise used. If more than one threshold activity applies, theamount associated with each activity is determined separately.

Table 3-9 presents a worksheet that may be helpful when conducting your thresholddeterminations and Table 3-10 illustrates an example of how the work sheet can be used for thefollowing example:

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Example - Threshold Worksheet

A lead (Pb) mine extracts 1,000,000 tons of ore at 6.0 % PbS (galena). The facility crushes and grinds the ore toprepare it for flotation. Flotation produces a concentrate of PbS. After flotation, the facility roasts theconcentrate to produce 55,970 tons of lead oxide (PbO), which is then smelted to create the elemental lead. Forpurposes of the threshold determination, both lead sulfide (PbS) and lead oxide (PbO) are processed. Thefacility also manufactures lead oxide (PbO). The facility must total the lead oxide and lead sulfide processed,and compare the total to the 25,000 pound processing threshold, and compare the amount of lead oxidemanufactured to the 25,000 pound manufacturing threshold. As shown on the threshold determinationworksheet in Table 3-9, the facility exceeds both the manufacturing and processing thresholds, and must submita Form R or Form A. The facility must conduct a separate threshold determination (not discussed here) forelemental lead.

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Table 3-9 Section 313 Reporting Threshold Worksheet

Facility Name: Date Worksheet Prepared: ____________________Toxic Chemical or Chemical Category: Prepared By: _______________________________CAS Number: Reporting Year:

Amounts of the toxic chemical manufactured, processed, or otherwise used.

Mixture Name, Waste Name, or Other Identifier

InformationSource

Total Weight(lb)

Percent TRI Chemicalby Weight

TRI ChemicalWeight(in lbs)

Amount of the Listed Toxic Chemical by Activity (in lbs.):

Manufactured Processed Otherwise Used

1.

2.

3.

4.

Subtotal: (A)_________lbs. (B)_________lbs. (C)_________lbs.

Exempt quantity of the toxic chemical that should be excluded.

Mixture Name or Waste Nameas Listed Above

Applicable Exemption (deminimis, article, facility,

activity)Fraction or Percent Exempt

(if Applicable)

Amount of the Toxic Chemical Exempt from Above (inlbs.):

Manufactured Processed Otherwise Used

1.

2.

3.

4.

Subtotal: (A1)_________lbs. (B1)_________lbs. (C1)_________lbs.

Amount subject to threshold: (A-A1)_____ lbs. (B-B1)_____ lbs. (C-C1)_____ lbs.

Compare to threshold for Section 313 reporting. 25,000 lbs. 25,000 lbs. 10,000 lbs.If any threshold is exceeded, reporting is required for all activities. Do not submit this worksheet with Form R, retain it for your records.

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Table 3-9. Sample Section 313 Reporting Threshold WorksheetFacility Name: Galena Mine Date Worksheet Prepared: May 1, 1999 Toxic Chemical or Chemical Category: Lead Compounds Prepared By: CAS Number: N420Reporting Year: 1998

Amounts of the toxic chemical manufactured, processed, or otherwise used.

Mixture Name, Waste Name, or Other Identifier

InformationSource

Total Weight(lb)

Percent TRI Chemicalby Weight

TRI ChemicalWeight(in lbs)

Amount of the Listed Toxic Chemical by Activity (in lbs.):

Manufactured Processed Otherwise Used

1. Galena in oreAssay, Mine

records1,000,000 tons x 2,000 lb/ton

6.0% 120,000,000 --- 120,000,000 ---

2. Lead Oxide from roastingOperating

records55,970 tons x2,000lb/ton

NA 111,940,000 111,940,000 111,940,000 ---

Subtotal:(A) 111,940,000

lbs.(B) 231,940,000

lbs.(C) 0 lbs.

Exempt quantity of the toxic chemical that should be excluded.

Mixture Name or Waste Nameas Listed Above

Applicable Exemption (deminimis, article, facility,

activity)Fraction or Percent Exempt

(if Applicable)

Amount of the Toxic Chemical Exempt from Above (inlbs.):

Manufactured Processed Otherwise Used

1. None

2.

3.

4.

Subtotal: (A1) 0 lbs. (B1) 0 lbs. (C1) 0 lbs.

Amount subject to threshold: (A-A1) (B-B1) (C-C1)

111,940,000 231,940,000 0 lbs

Compare to threshold for Section 313 reporting. 25,000 lbs. 25,000 lbs. 10,000 lbs.

If any threshold is exceeded, reporting is required for all activities. Do not submit this worksheet with Form R, retain it for your records.

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Chapter 4 - Estimating Releases and Other Waste Management Quantities

4.0 PURPOSE

Once you have determined which EPCRA Section 313 chemicals have exceededthresholds at your facility, as described in Chapter 3, you must then estimate amounts of thesechemicals in waste by particular waste management type (e.g., release to air, transfer off-site,etc..). To aid your facility in making these calculations, this chapter is intended to help you indeveloping a systematic approach for conducting release and other waste managementcalculations specific to metal mining facilities. This chapter has been divided into two parts. Thefirst part provides a general approach to identifying sources of potential releases and other wastemanagement activities, collecting data, and determining the most appropriate method(s) todevelop estimates. Chapter 4.1 also provides insights into the requirements, recommendedapproaches, and other nuances associated with developing comprehensive and accurate estimatesfor EPCRA Section 313 chemicals. To illustrate this approach, a diagram of a recommendedsteps for estimating quantities of EPCRA Section 313 chemicals released or otherwise managedas wastes is provided in Figure 4-1.

Chapter 4.2 of this chapter provides a focused discussion with examples of methods andtools to use in calculating estimates of releases and other waste management activities specific tomany metal mining operations. In particular, Chapter 4.2 provides specific examples and issuespertaining to extraction activities and common beneficiation methods.

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Figure 4-1 Release and Other Waste Management Calculation Approach

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4.1 General Steps for Determining Releases and Other Waste Management Activities

You can develop release and other waste management estimates by completing these fourbasic steps. See Figure 4-1 for illustration of this four-step process.

Step 1) Identify potential sources of chemicals released or otherwise managed aswaste.

Step 2) Prepare a process flow diagram.

Step 3) Identify on-site releases, off-site transfers, and other on-site wastemanagement activity types.

Step 4) Determine the most appropriate method(s) to develop the estimates forreleases and other waste management activity quantities and calculate theestimates.

These steps are described in detail in the following sections.

4.1.1 Step 1: Identify Potential Sources of Chemical Release and Other WasteManagement Activities

The first step in release calculations is to identify all areas at your facility that couldpotentially release EPCRA Section 313 chemicals. Consider all potential sources at whichEPCRA Section 313 chemicals may be released and otherwise managed from each unit operationand process. Remember to include upsets and routine maintenance activities. Potential sourcesinclude the following:

C Relief valves;C Pumps;C Stacks;C Volatilization from process or treatment;C Fittings;C Transfer operations;C Flanges;C Storage tanks;C Stock pile losses;C Waste treatment discharges;C Process discharge stream;C Container residues;C Recycling and energy recovery byproducts;C Accidental spills and releases;C Storm water runoff;C Clean up and housekeeping practices;C Treatment sludge; andC Combustion byproducts.

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Next, you must identify the EPCRA Section 313 chemicals that are released and otherwisemanaged from each source. A thorough knowledge of the facility’s operations and processes willbe required to make an accurate determination of which chemicals are involved, including thoseEPCRA Section 313 chemicals that are coincidentally manufactured during these processes.

4.1.2 Step 2: Prepare a Process Flow Diagram

Preparing a process flow diagram will help you calculate your releases by illustrating thelife-cycle of the EPCRA Section 313 chemical(s), as well as help you identify any sources ofchemicals that are released and otherwise managed as waste at your facility that you might havemissed in step 1. Depending on the complexity of your facility, you may want to diagramindividual processes or operations rather than the entire facility. The diagram should illustratehow materials flow through the processes and identify material input, generation, and outputpoints. By reviewing each operation separately, you can determine where EPCRA Section 313chemicals are manufactured, processed, or otherwise used and the medium to which they will bereleased on-site, transferred off-site for further waste management, or otherwise managed aswastes on-site.

4.1.3 Step 3: Identify On-Site Releases, Off-Site Transfers and On-Site WasteManagement Activity Types

For each identified source of an EPCRA Section 313 chemical, you must examine allpossible releases and other waste management activities. Figure 4-2 is a schematic of releases andother waste management activities as they correspond to individual data elements on the Form R. Remember to include both routine operations and accidents when identifying types of chemicalmanagement activities. This diagram, along with the following descriptions, can be used as achecklist to make sure all possible types of releases and other waste management activities havebeen considered.

a. Fugitive or Non-Point Air Emissions (Part II, Section 5.1 of Form R) -Emissions to the air that are not released through stacks, vents, ducts, pipes, orany confined air stream. Examples include:

C Equipment leaks from valves, pump seals, flanges, compressors, samplingconnections, open-ended lines, etc.;

C Releases from building ventilation systems, such as a roof fan in an openroom;

C Evaporative losses from solvent cleaning tanks, surface impoundments, andspills; and

C Emissions from any other fugitive or non-point sources.

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Operation(EPCRA Section 313

Chemicals ManufacturedOn-Site)

Receiving Streams Land on-site (landfill, landtreatment, surface impoundment,

other disposal)

Underground Injectionon-site

Point Sources Fugitive Emissions

EPCRA Section 313Chemical In

Product ContainingEPCRA Section 313Chemical

On-site Management

Transfer Off-Site

Recycling

Energy Recovery

Treatment

Disposal

Treatment

Energy Recovery

Recycling

(Not Reported on Form R)

POTWs

Figure 4-2. Possible Release and Other Waste Management Typesfor EPCRA Section 313 Chemicals

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b. Stack or Point Air Emissions (Part II, Section 5.2 of Form R) - All emissionsto the air which occur through stacks, vents, ducts, pipes, or any confined airstream, including storage tank emissions and emissions from air pollution controlequipment. Emissions released from general room air through a ventilation systemare not considered stack or point releases for the purpose of EPCRA Section 313reporting unless they are channeled through an air pollution control device. Instead, they are considered fugitive releases. You should note that some state airquality agencies consider ventilation systems without an attached pollution controldevice to be a stack or point source, and other agencies consider releases fromstorage tanks to be fugitive emissions.

c. Discharges to Receiving Streams or Water Bodies (Part II, Section 5.3 ofForm R) - Direct wastewater discharges to a receiving stream or surface waterbody. Discharges usually occur under a National Pollutant Discharge EliminationSystem (NPDES) permit.

d. Underground Injection On site to Class I Wells (Part II, Section 5.4.1 ofForm R) and to Class II through V Wells (Part II, Section 5.4.2 of Form R)Disposal into an underground well at the facility. These wells may be monitoredunder an Underground Injection Control (UIC) Program permit. RCRAHazardous Waste Generator Reports may be a good source of information forwastes injected into a Class I well. Injection rate meters combined with wasteprofiles may provide the necessary information for all classes of wells.

e. Releases to Land On Site (Part II, Section 5.5 of Form R) - All releases to landon site, both planned (i.e., disposal) and unplanned (i.e., accidental release or spill). The four predefined subcategories for reporting quantities released to land withinthe boundaries of the facility are:

e(1). Landfill - The landfill may be either a RCRA permitted or a non-hazardouswaste landfill. Both types are included if they are located on site.

e(2). Land treatment/application farming - Land treatment is a disposalmethod in which a waste containing an EPCRA Section 313 chemical isapplied to or incorporated into soil. Volatilization of an EPCRA Section313 chemical due to the disposal operation must be included in the totalfugitive air releases and/or should be excluded from landtreatment/application farming to accurately represent the disposition of theEPCRA Section 313 chemical and to avoid double counting.

Sludge and/or aqueous solutions that contain biomass and other organicmaterials are often collected and applied to farm land. This proceduresupplies a nitrogen source for plants and supplies metabolites formicroorganisms. EPA considers this operation to be landtreatment/farming if it occurs on site. If a facility sends this material offsite for the same purpose, it is considered to be a “transfer to an off site

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location, disposal” and should be reported under Part II, Sections 6.2 and8.1 of the Form R.

The ultimate disposition of the chemical after application to the land doesnot change the required reporting. For example, even if the chemical iseventually biodegraded by microorganisms or plants, it is not consideredrecycled, reused, or treated.

e(3). Surface impoundment - A surface impoundment is a natural topographicdepression, man-made excavation, or diked area formed primarily ofearthen materials that is designed to hold an accumulation of wastescontaining free liquids. Examples include: holding, settling, storage, andelevation pits; ponds; and lagoons. Ash disposed in excavated areas wouldalso be reported here.

You do not have to report quantities of an EPCRA Section 313 chemicalthat are released to a surface impoundment as part of a wastewatertreatment operation in this section. However, if the sludge from thesurface impoundment contains the EPCRA Section 313 chemical, then theEPCRA Section 313 chemical in the sludge must be estimated in thissection unless the sludge is removed and subjected to another wastemanagement activity. In that case, it should be reported for that activity, asappropriate.

e(4). Other disposal - Releases to land that do not fit the categories of landfills,land treatment, or surface impoundment are classified as other disposal.This category also includes any spills or leaks of the EPCRA Section 313chemical to land.

f. Transfers Off Site to a Publicly Owned Treatment Works (POTW) (Part II,Section 6.1 of Form R) The amount of EPCRA Section 313 chemical in watertransferred to an off site POTW.

g. Transfers to Other Off-Site Locations (Part II, Section 6.2 of Form R) Allamounts of the EPCRA Section 313 chemical transferred off-site for the purposesof waste treatment, disposal, recycling, or energy recovery. Be sure to includequantities of the EPCRA Section 313 chemical in non-hazardous wastes (such assanitary waste and facility trash) transferred off-site and metals in waste transferredoff site for recycling.

Any residual chemicals in “empty” containers transferred off-site would also bereported in Section 6.2. EPA expects that all containers (bags, totes, drums, tanktrucks, etc.) will have a small amount of residual solids and/or liquid. On-sitecleaning of containers must be considered for EPCRA Section 313 reporting. Ifthe cleaning occurs with a solvent (organic or aqueous), you must report thedisposition of the waste solvent as appropriate. If the containers are sent off site

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for disposal or reclamation, you should report the EPCRA Section 313 chemical inthis section.

h. On-Site Waste Treatment (Part II, Section 7A of Form R) All on-site wastetreatment of reported EPCRA Section 313 chemicals. The information reported inSection 7A focuses on the treatment of the waste stream. The informationincludes: type of waste stream (gaseous, aqueous or non-aqueous liquid, or solid);treatment methods or sequence; influent concentrations of the EPCRA Section 313chemical; treatment efficiency of each method or sequence; and whether efficiencydata are based on actual operating data. Metal compounds in waste subjected to acombustion process are not destroyed but should still be reported as going throughthe treatment process, with a treatment efficiency of zero.

Example - On-Site Waste Treatment

A process at the facility generates a wastewater stream containing an EPCRA Section 313chemical (chemical A). A second process generates a wastewater stream containing twoEPCRA Section 313 chemicals, a metal (chemical B) and a mineral acid (chemical C).Thresholds for all three EPCRA Section 313 chemicals have been exceeded and you are inthe process of completing separate Form Rs for each chemical.

All wastewater streams are combined and sent to an on-site wastewater treatment systembefore being released to a POTW. This system consists of an oil/water separator whichremoves 99% of chemical A; a neutralization tank where the pH is adjusted to 7.5, therebydestroying 100% of the mineral acid (chemical C), and a settling tank where 95% of themetal (chemical B) is removed from the water (and eventually landfilled off site).

Section 7A should be completed slightly differently for each chemical for which a Form Rmust be filed. The table accompanying this example shows how Section 7A should becompleted for each chemical. First, on each Form R you should identify the type of wastestream in Section 7A.1a as wastewater (aqueous waste, code W). Next, on each Form R youshould list the code for each of the treatment steps that are applied to the entire wastestream, regardless of whether the operation affects the chemical for which you arecompleting the Form R (for instance, the first four blocks of Section 7A.1b of all three FormRs should show: P19 (liquid phase separation), C11 (neutralization), P11(settling/clarification), and NA (to signify the end of the treatment system). Note thatSection 7A.1b is the only section of the Form R that is not chemical specific. It applies tothe entire waste stream being treated. Section 7A.1c of each Form R should show theconcentration of the specific chemical in the influent to the first step of the process(oil/water separation). For this example, assume chemicals A, B, and C are all present atconcentrations greater than 1%. Therefore, code “1" should be entered. Section 7A.1d isalso chemical specific. It applies to the efficiency of the entire system in destroying and/orremoving the chemical for the Form R you are currently completing. 99% should beentered when filing for chemical A, 95% for chemical B, and 100% for chemical C. Finally, you should report whether the influent concentration and efficiency estimates arebased on operating data for each chemical, as appropriate.

Chemical A

7A.1a 7A.1b 1. P19 2. C11 7A.1c 7A.1d 7A.1e

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W 3. P11 4. NA 5. 1 99 % Yes No

6. 7. 8. X

Chemical B

7A.1a 7A.1b 1. P19 2. C11 7A.1c 7A.1d 7A.1e

W 3. P11 4. NA 5. 1 95 % Yes No

6. 7. 8. X

Chemical C

7A.1a 7A.1b 1. P19 2. C11 7A.1c 7A.1d 7A.1e

W 3. NA 4. 5. 1 100 % Yes No

6. 7. 8. X

Note that the quantity removed and/or destroyed is not reported in Section 7 and that theefficiency reported in Section 7A.1d refers to the amount of EPCRA Section 313 chemicaldestroyed and/or removed from the applicable waste stream. The amount actually destroyedshould be reported in Section 8.6 (quantity treated on site). For example, when completingthe Form R for chemical B you should report “0" pounds in Section 8.6 because the metalhas been removed from the wastewater stream, but not actually destroyed. The quantity ofchemical B that is ultimately land filled off site should be reported in Section 6.2 and 8.1. However, when completing the Form R for chemical C you should report the entire quantityin Section 8.6 because raising the pH to 7.5 will completely destroy the mineral acid.

i. On-Site Energy Recovery (Part II, Section 7B of Form R) All on-site energyrecovery of reported EPCRA Section 313 chemicals must be reported. EPA’sview is that chemicals that do not contribute significant heat energy duringcombustion processes should not be considered for energy recovery. Therefore,only chemicals with a significant heating value (e.g., heating value high enough tosustain combustion) that are combusted in an energy recovery unit, such as anindustrial furnace, kiln, or boiler can be reported for energy recovery. If anEPCRA Section 313 chemical is incinerated on-site but does not significantlycontribute energy to the process (e.g., chlorofluorocarbons), it must be consideredon-site waste treatment (see Chapter 4.1.3, h. above). Metal and metalcompounds in a waste that is combusted cannot be considered combusted forenergy recovery because metals do not have any heat value.

j. On-Site Recycling (Part II, Section 7C of Form R) All on-site recyclingmethods used on EPCRA Section 313 chemicals must be reported.

1The subsection 8.1 through 8.8 designation are those for the 1997 Form R. Please refer to thecurrent reporting year’s TRI Forms and Instructions for any changes.

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k. Source Reduction and Recycling Activities (Part II, Section 8 of Form R)1 Provide information about source reduction and recycling activities related to theEPCRA Section 313 chemical for which releases and other waste managementactivities are being reported. Section 8 uses some data collected to complete PartII, Sections 5 through 7. For this reason, Section 8 should be completed last. Therelationship between Sections 5, 6, and 8.8 to Sections 8.1, 8.3, 8.5, and 8.7 areprovided in equation forms below.

k(1). Quantity Released (Part II, Section 8.1 of Form R) - The quantityreported in Section 8.1 is the quantity reported in all of Section 5 plus thequantity of metals and metal compounds reported as discharged off site toPOTWs in Section 6.1 plus the quantity reported as sent off site fordisposal in Section 6.2 minus the quantity reported in Section 8.8 that wasreleased on-site or transferred off-site for disposal:

Section 8.1 = Section 5 + Section 6.1 (metals and metal compounds) +Section 6.2 (disposal only) - Section 8.8 (release or off-site disposal only)

k(2). Quantity Used for Energy Recovery On-Site (Part II, Section 8.2 ofForm R) - Estimate a quantity of the EPCRA Section 313 chemical inwastes combusted for energy recovery on-site. This estimate should be thequantity of the chemical combusted in the process for which codes werereported in Section 7B (unless the 7B code is related to a Section 8.8activity). Test data from trial burns or other monitoring data may be usedto estimate the quantity of the EPCRA Section 313 chemical combustedfor energy recovery purposes. If monitoring data are not available, vendorspecifications regarding combustion efficiency may be used as they relate tothe EPCRA Section 313 chemical. A quantity should be reported inSection 8.2 when a method is reported in Section 7B (unless the 7B code isrelated to a Section 8.8 activity). Combustion for energy recovery isinterpreted by EPA to include the combustion of an EPCRA Section 313chemical that is (1) (a) a RCRA hazardous waste or waste fuel, (b) aconstituent of a RCRA hazardous waste or waste fuel, or (c) a spent orcontaminated “otherwise used” material; and that (2) has a significantheating value and is combusted in an energy or materials recovery device. Energy or materials recovery devices are boilers and industrial furnaces asdefined in 40 CFR 372.3 (see 62 FR 23891, May 1, 1997). If a reportedEPCRA Section 313 chemical is incinerated but does not contribute energyto the process (e.g., metal, metal compounds, and chlorofluorocarbons), itmust be considered treatment for destruction. In determining whether anEPCRA Section 313 listed chemical is combusted for energy recovery, thefacility should consider the heating value of the EPCRA Section 313chemical and not of the chemical stream. Note that “NA” should be

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reported for EPCRA Section 313 chemicals which are halogens, CFCs,halons, and metals.

k(3). Quantity Used for Energy Recovery Off-Site (Part II, Section 8.3 ofForm R) - The quantity reported in Section 8.3 is the quantity reported inSection 6.2 for which energy recovery codes are reported. If a quantity isreported in Section 8.8, subtract any associated off-site transfers for energyrecovery:

Section 8.3 = Section 6.2 (energy recovery) - Section 8.8 (off-site energyrecovery)

Combustion for energy recovery is interpreted by EPA to include thecombustion of an EPCRA Section 313 chemical that is (1) (a) a RCRAhazardous waste or waste fuel, (b) a constituent of a RCRA hazardouswaste or waste fuel, or (c) a spent or contaminated “otherwise used”material; and that (2) has a significant heating value and is combusted in anenergy or materials recovery device. Energy or materials recovery devicesare boilers and industrial furnaces as defined in 40 CFR 372.3 (see 62 FR23891, May 1, 1997). If a reported EPCRA Section 313 chemical isincinerated but does not contribute energy to the process (e.g., metal, metalcompounds, and chlorofluorocarbons), it must be considered treatment fordestruction. In determining whether an EPCRA Section 313 listedchemical is combusted for energy recovery, the facility should consider theheating value of the EPCRA Section 313 chemical and not of the chemicalstream. “NA” should be reported for EPCRA Section 313 chemicals whichare halogens, CFCs, halons, and metals.

k(4). Quantity Recycled On-Site (Part II, Section 8.4 of Form R) - Estimatea quantity of the EPCRA Section 313 chemical recycled in wastes on-site. This estimate should be the quantity of the chemical recycled in theoperation for which codes were reported in Section 7C (unless the 7C codeis related to a Section 8.8 activity). A quantity should be reported inSection 8.4 when a method of on-site recycling is reported in Section 7C(unless the 7C code is related to a Section 8.8 activity). To estimate thisquantity, you should determine if operating data exist which indicate arecovery efficiency and use that efficiency value combined with throughputdata to calculate an estimate. If operating data are unavailable, useavailable vendor specifications.

k(5). Quantity Recycled Off-Site (Part II, Section 8.5 of Form R) - Thequantity reported in Section 8.5 will generally be the same as the quantityreported in Section 6.2 for which recycling codes are reported. If aquantity is reported in Section 8.8, subtract any associated off-site transfersfor recycling:

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§8.5 = §6.2 (recycling) - §8.8 (off-site recycling)

k(6). Quantity Treated On-Site (Part II, Section 8.6 of Form R) - Wastetreatment in Section 8 is limited to the destruction or chemical conversionof the EPCRA Section 313 chemical in wastes. The quantities reported inSection 8.6 will be those treated in a subset of the operations for whichcodes were reported in Section 7A, where treatment can include physicalremoval of the EPCRA Section 313 chemical(s) from a waste stream. Toestimate the quantity, you should determine if operating data exist whichindicate a treatment (e.g., destruction or chemical conversion of EPCRASection 313 chemical) efficiency and use that efficiency value combinedwith throughput data to calculate an estimate. Because metals cannot bedestroyed or chemically converted into something other than the metal ormetal compound, metals cannot be reported as treated in Sections 8.6 or8.7. Note that conversion of a metal from one oxidation state to another(e.g., Cr(VI) to Cr(III) is not considered treatment in Section 8.6. Ifoperating data are unavailable, use available vendor specifications. Section7A must be completed if a quantity is entered into Section 8.6.

k(7). Quantity Treated Off-Site (Part II, Section 8.7 of Form R) - Thisquantity reported in Section 8.7 must be the same as the quantity reportedin Section 6.2 for which treatment codes are reported and quantities sent toa POTW as reported in Section 6.1 except for metal and metal compounds. If a quantity is reported in Section 8.8, subtract any associated off-sitetransfers for treatment:

Section 8.7 = Section 6.1 (except metals and metal compounds) + Section6.2 (treatment) - Section 8.8 (off-site treatment)

Because metals cannot be destroyed or chemically converted intosomething other than the metal or metal compound, metals cannot bereported as treated in Sections 8.6 or 8.7. Quantities of metals reported inSection 6.1 and 6.2 as being treated should be reported in Section 8.1(Quantity Released) unless the facility has knowledge that the metal isbeing recovered.

k(8). Quantity Released to the Environment as a Result of RemedialActions, Catastrophic Events, or One-Time Events Not Associatedwith Production Processes (Part II, Section 8.8 of Form R) - Thepurpose of this section is to separate quantities recycled, used for energyrecovery, treated, or released (including disposal) that are associated withnormal or routine production from those that are not. The quantityreported in Section 8.8 is the quantity of the EPCRA Section 313 chemicalreleased directly into the environment or sent off-site for recycling, wastetreatment, energy recovery, or disposal during the reporting year due toany of the following events:

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(1) Remedial actions;(2) Catastrophic events such as earthquakes, fires, or floods; or(3) One-time events not associated with normal or routine production

processes.

The quantity reported in Section 8.8 should not be included with quantitiesreported in Part II, Sections 8.1 through 8.7 of Form R, but should beincluded in Part II, Sections 5 and 6 of Form R as appropriate. The on-sitewaste management activities should also be reported in Section 7.

Spills that occur as a routine part of production operations and could bereduced or eliminated by improved handling, loading, or unloadingprocedures are included in the quantities reported in Sections 8.1 through8.7 as appropriate. On-site releases and off-site transfers for further wastemanagement resulting from remediation of an EPCRA Section 313chemical or an unpreventable accident unrelated to production (such as ahurricane) are reportable in Section 8.8.

On-site treatment, energy recovery, or recycling of EPCRA Section 313chemicals in wastes generated as a result of remedial actions, catastrophicevents, or one-time events not associated with production processes arenot reported in Part II, Section 8.8 nor Sections 8.1 through 8.7 of FormR.

k(9) Prior Year Estimates (for Part II, Sections 8.1 – 8.7 of Form R) -. Inseveral instances, the Form R prompts the facility for information fromprior reporting years. In Section 8, Source Reduction and RecyclingActivities, Column A of Sections 8.1-8.7 requests release and other wastemanagement information from the prior reporting year. Because 1998 isthe first year that metal mining facilities were required to collect data forEPCRA Section 313 reporting, you may enter “NA” in column A for FormRs for RY 1998 only. In Section 8.9, you are required to provide aproduction ratio or activity index to reflect either the ratio of current year’sproduction to prior year’s production or an index of the current year’sactivity to prior year’s activity with respect to the EPCRA Section 313chemical. Because you were not required to collect data prior to 1998,recently added facilities as a result of the industry expansion rulemakingmay also enter “NA” in Section 8.9 for Form Rs for RY 1998 only.

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POSSIBLE ERROR - Double Counting

Releases and other waste management activities should not be inadvertently “double counted.” A singlewastewater discharge should not be listed as both a release to water (on site) and a discharge to POTW (off site). Similarly, a release to land should not be listed as both a release to land (on site) and a transfer to an off-sitelandfill. Estimates of releases and other waste management activities should be prepared for Sections 5 through7 of the Form R. For the most part, Section 8 relies on the data collected to complete these previous sections. Therefore, Section 8 should be completed last. However, the data elements of Section 8 (8.1 through 8.7) aremutually exclusive and care should be taken to avoid double counting.

4.1.4 Step 4: Determine the Most Appropriate Method(s) to Develop the Estimates forReleases and Other Waste Management Activity Quantities and Calculate theEstimates

After you have identified all of the potential sources for release and other wastemanagement activity types, you must next estimate the quantities of each EPCRA Section 313chemical released and otherwise managed as waste. EPA has identified four basic methods thatmay be used to develop estimates (each estimate has been assigned a code that must be identifiedwhen reporting). The methods and corresponding codes are:

C Monitoring Data or Direct Measurement (M);C Mass Balance (C);C Emission Factors (E); and,C Engineering Calculations (O).

Descriptions of these techniques are provided in Estimating Releases and WasteTreatment Efficiencies for the Toxic Chemical Release Inventory Form. They are also brieflydescribed below. EPA does not require you to conduct additional sampling or testing forSection 313 reporting; however, you are required to use the best “readily available data” orprepare “reasonable estimates”. For example, emission factors or engineering calculations maynot be the best “readily available data” when other data, such as stack testing, are available. Foreach reported amount, you are required to identify only the primary method used for eachestimate.

Based on site-specific knowledge and potential data sources available, you should be ableto determine the best method for calculating quantities for each release and other wastemanagement activity. Many potential sources of data exist for these (and other) methods ofdeveloping estimates. Table 4-2 presents potential data sources and the estimation methodology inwhich they are most likely to be used.

Table 4-2Potential Data Sources for Release and Other Waste Management Calculations

DATA SOURCES

Monitoring Data (M) Mass Balance (C)

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C Stack monitoring dataC Outfall monitoring dataC Air permitsC Industrial hygiene monitoring dataC NPDES permitsC POTW pretreatment standardsC Effluent limitationsC RCRA permitC Hazardous waste analysisC pH for acidsC Continuous emission monitoring

C Supply recordsC Hazardous material inventoryC Air emissions inventoryC Pollution prevention reportsC Hazardous waste manifestsC Spill event records

Emission Factors (E) Engineering Calculations (O)

C AP-42 or other EPA emission factorsC Published facility or trade association chemical-

specific emission factors

C Volatilization ratesC Raoult’s LawC Henry’s LawC SolubilitiesC Non-published emission factorsC Facility or trade association non chemical specific

emission factors (e.g., SOCMI factors)

Once estimation methods have been determined for all potential sources, releases andother waste management activities, an estimate for each EPCRA Section 313 chemical can bedeveloped corresponding to the data elements on Form R.

4.1.4.1 Monitoring Data or Direct Measurement (code M)

Using monitoring data or direct measurements is usually the best method for developingestimates for chemical releases and other waste management activity quantities estimates. Yourfacility may be required to perform monitoring under provisions of the Clean Air Act (CAA),Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA), or otherregulations. If so, these data should be available for developing estimates. Data may have alsobeen collected for your facility through an occupational health and safety assessment. If only asmall amount of direct measurement data are available or if you believe the monitoring data arenot representative, you must determine if another estimation method would give a more accurateresult.

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Input + Generation = Output + Consumption

Example - Monitoring Data

Data from the on-site wastewater treatment facility indicate that the annual average concentration of copper inthe POTW discharge is 2 mg/L. The wastewater treatment facility processed 1.5 million gallons of water in1998. The treated wastewater is discharged to an off-site POTW. The amount of copper transferred off site tothe POTW (for Part II, Section 6.1 of the Form R) is estimated as follows:

Amount of copper transferred

( ) ( )=

=

21

1000

1

45359

1

026421500 000

25

mg Lg

mg

lb

g

L

galgal yr

lbs yr

/ *,

*.

*.

* , , /

/

POSSIBLE ERROR - Treatment Efficiencies

Vendor data on treatment efficiencies often represent ideal operating conditions. Thus, you should adjust suchdata to account for downtime and process upsets during the actual reporting year that would result in lowerefficiencies. Remember that efficiencies reported by vendors are often general and may not apply to specificchemicals or uses of the equipment. For example, an incinerator or flare may be 99.99% efficient incombusting organic chemicals, but will have a zero percent efficiency in combusting metals.

4.1.4.2 Mass Balance (code C)

A mass balance involves determining the amount of an EPCRA Section 313 chemicalentering and leaving an operation. The mass balance is written as follows:

where:

C Input refers to the materials (chemicals) entering an operation. For example,chlorine added to process water as a disinfectant would be considered an input tothe water treatment operation.

C Generation identifies those chemicals that are created during an operation(manufactured, including coincidental manufacturing). For example, additionalammonia, sodium nitrite, or nitrate compounds may be coincidentallymanufactured in biological wastewater treatment systems.

C Output means any avenue by which the EPCRA Section 313 chemical leaves theoperation. Output may include on-site releases and other on-site wastemanagement activities; transfers for treatment, disposal, energy recovery, orrecycling; or the amount of chemical that leaves with the final product. In a

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solvent recovery operation, for example, the recovered solvent product and wastesgenerated from the process are outputs.

C Consumption refers to the amount of chemical that is converted to anothersubstance during the operation (i.e., reacted). For example, phosphoric acid wouldbe consumed by neutralization during wastewater treatment.

The mass balance technique may be used for manufactured, processed, or otherwise usedchemicals. It is typically useful for chemicals that are “otherwise used” and do not become part ofthe final product, such as catalysts, solvents, acids, and bases. For large inputs and outputs, amass balance may not be the best estimation method, because slight uncertainties in masscalculations can yield significant errors in the release and other waste management estimates.

Example - Estimating Releases to Air Using Mass Balance

A facility uses an EPCRA Section 313 chemical as a refrigerant in condensers to control air emissions and adds20,000 pounds to the refrigeration system in 1998 (to make up for system losses). The chemical is released tothe air from relief vents, during system filling operations and from leaks in valves and fittings. During systemmaintenance, the lines are bled directly into water and the system is vented to the air. Monitoring data of thewastewater, including chemical concentrations and wastewater throughput, indicate that 1,200 pounds of thechemical were discharged to the wastewater in 1998. The remaining losses are assumed to be fugitive airreleases and are estimated as follows:

Fugitive air releases of the EPCRA Section 313 chemical

= Amount input (lbs/yr) - Amount released to wastewater (lbs/yr)

= 20,000 lbs/yr - 1,200 lbs/yr

= 18,800 lbs/yr

POSSIBLE ERROR - Mass Balances for Otherwise Used Chemicals

If you are performing mass balance to estimate the quantity for a particular data element, make sure you includeall inputs and outputs as precisely as possible. If, for example, you identify all inputs properly, but you fail toinclude all outputs, your estimate could be inaccurately inflated. Furthermore, if all inputs and outputs areidentified, but are not precise, the estimate of the release in question could also be inaccurate.

4.1.4.3 Emissions Factors (code E)

An emission factor is a representative value that attempts to relate the quantity of achemical released with an associated activity. These factors are usually expressed as the weight ofchemical released divided by a unit weight, volume, distance, or duration of the activity releasingthe chemical (e.g., pounds of chemical released per pounds of product produced). Emissionfactors, commonly used to estimate air emissions, have been developed for many differentindustries and activities. You should carefully evaluate the source of the emission factor and theconditions for its use to determine if it is applicable to the situation at your facility.

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Many emission factors are available in EPA's Compilation of Air Pollutant EmissionFactors (AP-42). The use of AP-42 emission factors is appropriate in developing estimates foremissions from boilers and process heaters. Equations are presented in AP-42 to calculatechemical specific emission factors for liquid material loading/unloading of transportation vehiclesand storage tanks. AP-42 can be accessed at EPA’s Technology Transfer Network (TTN)website: http://www.epa.gov/ttn/chief/ap42.html.

It should be noted that, for purposes of EPCRA Section 313 reporting, the only estimatesthat can be reported as “emission factors (code E)” are published chemical-specific emissionfactors.

Example - Emission Factors

Emission factors have been developed for air releases of fuel constituents and combustion products from boileroperations. AP-42 lists a range of formaldehyde emission factors when No. 6 fuel oil is consumed:

0.024 to 0.061 lbs formaldehyde generated/103 gallons No. 6 fuel oil fired.

A facility operating a boiler using No. 6 fuel oil could use the above emission factor to determine the amount offormaldehyde generated and subsequently released to the air. If 1,000,000 gallons of No. 6 fuel oil is usedduring a reporting year, the amount of formaldehyde generated would be between:

(0.024 lbs/103 gal) x (1,000,000 gallons) and (0.061 lbs/103 gal) x (1,000,000 gallons) = 24 and 61 lbsof formaldehyde

The mid-point of these two values, 42.5 pounds, should be use in developing release estimates assuming that athreshold has been exceeded for formaldehyde.

NOTE: In addition to combustion by-products, there are other EPCRA Section 313 chemicals in No. 6 fuel oilthat should be considered for EPCRA Section 313 reporting.

4.1.4.4 Engineering Calculations (code O)

Engineering calculations are assumptions and/or judgements used to estimate quantities ofEPCRA Section 313 chemicals released or otherwise managed. The quantities are estimated byusing physical and chemical properties and relationships (e.g., ideal gas law, Raoult’s law) or bymodifying an emission factor to reflect the chemical properties of the EPCRA Section 313chemical in question. Engineering calculations rely on the process parameters; you must have athorough knowledge of the processes at your facility to complete these calculations.

Engineering calculations can also include computer models. Several computer models areavailable for estimating emissions from landfills, wastewater treatment, water treatment, and otherprocesses.

Non-chemical-specific emission factors (e.g., SOCMI emission factors) and non-publishedemission factors also can be used as discussed in Section 4.1.4.3, but must be classified as“engineering calculations” for EPCRA Section 313 reporting.

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Example - Engineering Calculations

A copper mine exceeds an activity threshold for copper compounds, and is filing a Form R for coppercompounds. Secondary crushing of ore generates stack emissions of copper. Mining records show that theconcentration of copper in the ore is 0.5% by weight, and that the mine crushes 5,200,000 tons of ore during thereporting year. The facility has emission factors for stack emissions of particulate generated from secondarycrushing, but does not have copper-specific emission factors. The particulate emission factor for secondarycrushing of ore is 60 pounds of particulate released per 1,000 tons of ore crushed. The facility can estimate thestack emissions of copper by assuming that the concentration of copper in the particulate is the same as theconcentration of copper in the ore. The copper mine uses the following engineering calculation to estimate theamount of copper released as a stack emission from secondary crushing:

60 pounds/1,000 tons ore x 5,200,000 tons/year x 0.5% = 1,560 pounds/year

4.1.4.5 Estimating Releases and Other Waste Management Quantities

Once all sources, types, and appropriate estimation methodologies have been identified,you can estimate the release and other waste management activity quantities for each data elementof the Form R. The recommended approach is that you estimate the amounts released from allsources at your facility by the data element on the form R (i.e., first estimate all fugitive emissionsfor an EPCRA Section 313 chemical (Part II, Section 5.1), then estimate all stack air releases foran EPCRA Section 313 chemical (Part II, Section 5.2), etc.). Table 4-3 presents a work sheetthat may be helpful in compiling this information.

If you submit a Form R, you must also enter on-site waste treatment information inSection 7A, including the code for each treatment method used, the treatment efficiency for thechemical in the treated waste stream, and the concentration of the chemical in the influent sent totreatment. You should report treatment methods that do not actually destroy or remove thechemical by entering “0” for removal efficiency. Similarly, on-site energy recovery methods andon-site recycling methods must be reported in Section 7B and 7C, respectively.

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Table 4-3 Release and Other Waste Management

Quantity Estimation Worksheet

Facility Name: Date Worksheet Prepared: Toxic Chemical or Chemical Category: Prepared by: CAS Number: Reporting Year: ON-SITE

Release or Other Waste ManagementActivity Type

Amount (lbs) Basis ofEstimate

Form R Element

FUGITIVE AIR

Equipment Leaks 5.1, (8.1 or 8.8)

Process Areas 5.1, (8.1 or 8.8)

Evaporative Losses (spills, surfaceimpoundments)

5.1, (8.1 or 8.8)

Total = 5.1, (8.1 or 8.8)

STACK AIR

Process Vents 5.2, (8.1 or 8.8)

Storage Tanks 5.2, (8.1 or 8.8)

Control Device Stacks 5.2, (8.1 or 8.8)

Other 5.2, (8.1 or 8.8)

Total = 5.2, (8.1 or 8.8)

RECEIVING STREAM/WATER BODY DISCHARGE

Stormwater Discharge 5.3, (8.1 or 8.8)

On-Site Treatment Plant Discharge

Total =

ON-SITE UNDERGROUND INJECTION

Underground Injection to Class I Wells 5.4, (8.1 or 8.8)

Underground Injection to Class II -V Wells 5.4, (8.1 or 8.8)

ON-SITE LAND

Landfill 5.5, (8.1 or 8.8)

Land Treatment/Application Farming 5.5,(8.1,8.6, or8.8)

Surface Impoundment 5.5,( 8.1 or 8.8)

Other

Total = 5.5,(8.1 or 8.8)

ON-SITE ENERGY RECOVERY 8.2

ON-SITE RECYCLING 8.4

ON-SITE TREATMENT 8.6

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OFF-SITE

Release or Other WasteManagement Activity Type Amount (lbs)

Basis ofEstimate

Form R DataElement

Off-Site Location(name)

OFF-SITE DISPOSAL

Solidification/Stabilization(metals and metalcompounds only)

6.2, (8.1 or 8.8)

Amount of metal and metalcompounds to POTW

6.1, (8.1 or 8.8)

Wastewater Treatment(excluding POTWs) metalsand metal compounds only

6.2, (8.1 or 8.8)

Underground Injection 6.2, (8.1 or 8.8)

Landfill/SurfaceImpoundment

6.2, (8.1 or 8.8)

Land Treatment 6.2, (8.1 or 8.8)

Other Land Disposal 6.2, (8.1 or 8.8)

Other Off-site Management 6.2, (8.1 or 8.8)

OTHER AMOUNTS SENT OFF-SITE

Amounts sent for storage 6.2, (8.1 or 8.8)

Amounts sent for unknownwaste management practice

6.2, (8.1 or 8.8)

OFF-SITE TREATMENT

Solidification/Stabilization 6.2,(8.7 or 8.8)

Incineration/ThermalTreatment

6.2, (8.7 or 8.8)

Incineration/InsignificantFuel Value

6.2, (8.7 or 8.8)

Wastewater Treatment (toPOTW excluding metals andmetal compounds)

6.1, (8.7 or 8.8)

Wastewater Treatment(Excluding POTW and metaland metal compounds)

6.2, (8.7 or 8.8)

Transfer to Waste TreatmentBroker

6.2, (8.7 or 8.8)

OFF-SITE ENERGY RECOVERY

Off-site Energy Recovery 6.2, (8.3 or 8.8)

Transfer to Energy RecoveryBroker

6.2, (8.3 or 8.8)

OFF-SITE RECYCLING

Solvents/Organics Recovery 6.2, (8.5 or 8.8)

Metals Recovery 6.2, (8.5 or 8.8)

Other Reuse or Recovery 6.2, (8.5 or 8.8)

Acid Regeneration 6.2, (8.5 or 8.8)

Transfer to Recycling WasteBroker

6.2, (8.5 or 8.8)

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4.1.5 Other Form R Elements

4.1.5.1 Maximum Amount On-Site (Part II, Section 4.1 of Form R)

In this section of the Form R, you are required to report the code that indicates themaximum quantity of the EPCRA Section 313 chemical present at your facility at any time duringthe reporting year. This estimate includes any amount of the chemical on-site in storage, inprocess vessels, in treatment units, and in shipping containers. This calculation includes quantitiesof the EPCRA Section 313 chemical present in purchased chemicals and in wastes. Whenperforming the calculation, use only the total amount of the chemical present at your site at anyone time. For example, assume you have a facility that incinerates waste and sends the remainingash to an off-site landfill. In February, you receive waste with 500 pounds of benzene which youprocess completely within the month. In September, you receive waste with 600 pounds ofbenzene which you also process in a similar time frame. If you have no other sources of benzeneon-site, your maximum amount estimation would be 600 pounds (range code 02). These codesare provided in the TRI Forms and Instructions document.

Example - Maximum Amount On-Site for Landfills

How do facilities that operate landfills report the maximum amount of an EPCRA Section 313 chemicalon-site? Does this data element take into account amounts of a chemical that have been disposed of inprior years.

No. Facilities do not have to count amounts of the EPCRA Section 313 chemical that it disposed of on-site inprevious years. Wastes that are released to such management units as surface impoundments and landfillsshould be counted for the purposes of data element 4.1, Part II, of the Form R during the reporting year that theyare disposed.

4.1.5.2 Production Ratio or Activity Index (Part II, Section 8.9 of Form R)

For this data element, you are required to provide a ratio of reporting year production toprior year production or provide an “activity index” based on a variable other than production thatis the primary influence on the quantity of the reported EPCRA Section 313 chemical recycled,used for energy recovery, treated, or disposed. The ratio or index must be reported to the nearesttenths or hundredth place (e.g., one or two digits to the right of the decimal point). Because thefacilities added by the facility expansion rulemaking were not required to collect data until RY1998, these facilities may enter “NA” in this data element regardless of whether the chemicalexisted at your facility in the previous year (i.e., RY 1997). In future years, however, MetalMining facilities may only enter “NA” in the production ratio or activity index data element if theEPCRA Section 313 chemical was not manufactured, processed, or otherwise used in the yearprior to the reporting year for which a Form R is being submitted.

You may choose either the production ratio or activity index depending on the chemicaland how the chemical is used at your facility. The major factor in selecting whether to use aproduction ratio or activity index is typically a measure of which threshold activity applies. Typically, production ratio would apply to EPCRA Section 313 chemicals manufactured andprocessed by a facility, while otherwise use activities would be best measured using an activity

4-23

index. A key consideration in developing a methodology for determining a productionratio/activity index is that you should choose a methodology that will be least likely to be affectedby potential source reduction activities. In most cases, the production ratio or activity indexshould be based on some variable of production or activity rather than on toxic chemical ormaterial usage.

For example, suppose you use an EPCRA Section 313 chemical as a cleaning solvent toperform tank washouts. Using a production ratio based on the amount of the product producedin the tanks between the prior and current reporting years may seem logical but may not takeinto consideration potential source reduction activities. As a result, an activity index may bemore appropriate. In this instance, an activity index based on the number of tank washoutsconducted would be more accurate in reflecting the potential source reduction activities thatcould be implemented for that chemical and/or activity. For example, a source reduction activitymight include the facility deciding to modify the production process such that they would needto clean the tanks less often and, therefore, use less cleaning solvent. The use of an activityindex based on tank washouts would better reflect the factors that influence the amount ofsolvent managed as a waste than would a production ratio based on the amount of productproduced in the tanks.

Example - Production Ratio

A zinc mine extracts 1,000,000 tons of ore during the reporting year, and exceeds the processing threshold forzinc compounds. The previous year, the facility extracted 900,000 tons of ore. As a result, the production ratiofor the zinc compounds would be calculated by dividing the amount of ore extracted this year, by the amountextracted last year.

1,000,000 tons ore (current reporting year)

900,000 tons ore (previous reporting yearProduction Ratio = 1.11

4.1.5.3 Source Reduction (Part II, Sections 8.10 and 8.11 of Form R)

The final two sections of the Form R are used for reporting any source reduction activitiesconducted at the facility. Section 8.10 asks whether there has been any source reduction at thefacility during the current reporting year. If so, TRI Forms and Instructions provides a list ofthree-digit codes that the facility must choose from to describe these source reduction activities. Source reduction activities do not include recycling, treating, using for energy recovery, ordisposing of an EPCRA Section 313 chemical. Report in this section only the source reductionactivities implemented to reduce or eliminate the quantities reported in Section 8.1 through 8.7.

Under Section 8.11, check “yes” if you would like to attach any optional information onsource reduction, recycling, or pollution control activities for the EPCRA Section 313 chemical atyour facility. This information can be reported for the current reporting year, or for prior yearactivities. The Agency asks that you limit this information to one page that summarizes thesource reduction, recycling, or pollution control activities implemented by your facility.

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4.2 Calculating Release and Other Waste Management Estimates at Metal MiningFacilities

This section discusses the most common releases and other waste management activities atmetal mining facilities, and provides guidance for estimating quantities. The discussion isorganized by release or other waste management type, as follows:

• Fugitive Air Emissions• Stack or Point Source Air Emissions• Water Discharges• Releases to Land• Transfers Off-Site• Pollution Prevention Data

For each type of release or other waste management activity, there is a discussion aboutparticular metal mining activities that commonly generate various types of waste, data sourcesavailable to estimate certain quantities, and example scenarios and calculations to clarify conceptsand illustrate estimation methods.

Activities at metal mining facilities can vary greatly from mine to mine, depending ontarget mineral(s), extraction method, beneficiation techniques, and other factors. However, metalmining facilities will generally conduct one or more of the following types of activities: extraction,physical beneficiation (including comminution), and chemical beneficiation. Within each of thesethree threshold activities, releases and other waste management activities are similar. Throughoutthis chapter, each of the release types listed above is frequently discussed separately forextraction, physical beneficiation, and chemical beneficiation. A brief description of each of theseactivities is given below:

C Extraction of ore - The extraction of ore involves removing any overburden,drilling, blasting, and mucking the broken ore and waste rock.

C Physical beneficiation - Physical beneficiation includes comminution (the sizereduction of ore), which is often the first step in most mineral processingoperations. Facilities reduce the size of ore to liberate the valuable components forfurther recovery, and to make bulk materials easier to handle. Comminution caninclude crushing, grinding, sorting, sizing, and washing. Following comminution,facilities may use other physical beneficiation techniques, including gravityconcentration, magnetic separation, electrostatic separation, and filtration. Metalmining facilities generally do not add EPCRA Section 313 chemicals to physicalbeneficiation operations; therefore, any potential reporting of releases and otherwaste management activities associated with physical beneficiation activities isgenerally limited to reporting of EPCRA Section 313 chemicals originating in ore. Therefore, in addition to the data sources mentioned throughout the remainder ofthis section, mineral assays of ore and operating records indicating changingconcentrations during beneficiation will be extremely useful in estimating quantities

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of releases and other waste management activities associated with physicalbeneficiation techniques.

C Chemical beneficiation techniques include leaching, flotation, solvent extraction,electrowinning precipitation, amalgamation, carbon adsorption, and ion exchange.

Metal mining facilities that are subject to EPCRA Section 313 and have operations notdescribed in this document may find the release and other waste management reporting issuesdiscussed here still relevant to their activities, however, they may need to also consider additionalissues not discussed.

4.2.1 Air Emissions

Air emissions at metal mining facilities can occur from a number of sources. The primaryfugitive emissions sources of EPCRA Section 313 chemicals for these facilities are likely to be:

C Extraction of ores and waste rock containing EPCRA Section 313 chemicalsC Physical beneficiation activitiesC Chemical beneficiation activitiesC Acid aerosols generated during leaching operations (e.g., heap leaching, etc.);C Wastewater treatment and other sources, including cleaning operations and spills,

containing EPCRA Section 313 chemicals

In particular extraction and beneficiation activities may result in large amounts of particulate airemissions. Air emissions from each of these activities and useful data sources and estimationtechniques are discussed below. Also, it is important to recognize that similar information mayhave been estimated by your facility as a result of separate requirements under the Clean AirAct, particularly the Title V requirements.

Extraction. Metal mining facilities are likely to release particulate matter of ore and wasterock to the air during extraction activities. Most of these air emissions tend to be uncontrolled andmay need to be reported in Section 5.1, Fugitive Air Emissions of Form R provided thresholdshave been exceeded. Several factors may affect the amount of fugitive air emissions fromextraction, including rock characteristics such as hardness, crystal and grain structure, friabilityand moisture level; the type of mine (e.g., underground or open pit); equipment used; and climate.Sources of data for calculating air emissions from extraction include monitoring data, data

Releases During Transportation

If you transport ore at your facility, for example from the mine to the comminution site which is not part of yourfacility, you must report releases and other waste management activities for any EPCRA Section 313 chemicalin the ore (or other materials, except overburden) provided an activity threshold has been exceeded for thatchemical. Releases and other waste management activities for EPCRA Section 313 chemicals used to maintainmotor vehicles operated by the facility are currently exempt under the motor vehicle exemption. However, thisexemption does not apply to EPCRA Section 313 chemicals in materials being transported, only to chemicalsused to maintain motor vehicles.

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Air Emissions from Comminution:Sources of Data

Under section 111 of the Clean Air Act (CAA),New Source Performance Standards (NSPS) (40CFR 60 Subpart LL) regulate emissions ofparticulate matter in metal mining operations incrushers, conveyor belt transfer points, thermaldryers, product packaging stations, storage bins,truck loading and unloading stations, and railcar loading and unloading. Informationcollected to meet these standards can be used tohelp estimate air emissions for EPCRA Section313. Although all underground miningfacilities are exempt from these provisions,fugitive dust emissions from undergroundmining activities may be regulated (usually byrequiring dust suppression managementactivities) through State permit programsestablished to meet Federal National AmbientAir Quality Standards (NAAQSs).

collected for air permit applications, data collected for assurance of worker safety; facility-specificparticulate emission factors, and published emission factors. If only particulate emission factors(i.e., you don not have chemical-specific emission factors) are available, these should be combinedwith data indicating the concentration of EPCRA Section 313 chemicals in the particulate. Thismay be actual measurements from samples of particulate, or estimates of the composition of wasterock or ore.

Physical Beneficiation Comminution activities such as crushing, grinding, sorting, sizing,drying, handling and storage of ore may create fugitive and/or point source (stack) air emissionsof particulate matter dependent on control systems at your facility. Air emissions of metals andmetal compounds in particulate emissions from ore must be reported on the Form R in Section5.1, Fugitive Emissions, or 5.2, Stack Emissions, provided an activity threshold is exceeded forthat chemical. Several factors may affect the amount of emissions from a particular comminutionprocess. These include ore characteristics such as hardness, crystal and grain structure, andfriability; equipment design characteristics (such as crusher type); and control equipment. Sourcesof data for calculating air emissions from comminution include monitoring data, data collected forair permits, industrial hygiene monitoring data, facility-specific particulate emission factors, andpublished emission factors. If you do not have better “readily available data,” you may use AP-42particulate emission factors for crushing, grinding and handling, provided in Table 4-4. Most ofthese factors are for uncontrolled emissions. Some general information about using these factorsis given below, followed by specific guidance on using emission factors for crushing, grinding, andstorage and handling.

Test data collected in the mineral processing industries indicate that the moisture contentof ore can have a significant effect on emissions from several process operations. High moisturegenerally reduces the uncontrolled emission rates, and separate emission rates are provided forprimary crushers, secondary crushers, tertiarycrushers, and material handling and transferoperations that process high-moisture ore. Drygrinding operations are assumed to produce or toinvolve only low-moisture material. For mostmetallic minerals addressed in Table 4-4, high-moisture ore is defined as ore whose moisturecontent, as measured at the primary crusher inletor at the mine, is 4 weight percent or greater. Oredefined as high-moisture at the primary crusher ispresumed to be high-moisture ore at anysubsequent operation for which high-moisturefactors are provided unless a drying operationprecedes the operation under consideration. Oreis defined as low-moisture when a dryer precedesthe operation under consideration or when the oremoisture at the mine or primary crusher is lessthan 4 weight percent.

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Table 4-4. Emission Factors for Crushing and Grinding

Source

Filterableb,c

PMa

lb/ton RatingPM-10lb/ton Rating

Low-moisture orec

Primary crushing (SCC 3-03-024-01)d 0.5 C 0.05 C

Secondary crushing (SCC 303-024-02)d 1.2 D ND

Tertiary crushing (SCC 3-03-024-03)d 2.7 E 0.16 E

Wet grinding Neg Neg

Dry grinding with air conveying and/or air classification (SCC 3-03-024-09)e

28.8 C 26 C

Dry grinding without air conveying and/or air classification (SCC 3-03-024-10)e

2.4 D 0.31 D

High-moisture orec

Primary crushing (SCC 3-03-024-05)d 0.02 C 0.01 C

Secondary crushing (SCC 3-03-024-06)d 0.05 D 0.02 D

Tertiary crushing (SCC 3-03-024-07)d 0.06 E 0.02 E

Wet grinding Neg Neg

Dry grinding with air conveying and/or air classification (SCC 3-03-024-09)e

28.8 C 26 C

Dry grinding without air conveying and/or air classification (SCC 3-03-024-10)e

2.4 D 0.31 D

Handling and Transfer

Material handling and transfer--all minerals except bauxite (SCC 3-03-024-04)g

0.12 C 0.06 C

Material handling and transfer--bauxite/alumina (SCC 3-03-024-04)g,h

1.1 C ND

Material handling and transfer--bauxite/alumina (SCC 3-03-024-08)g,h

ND ND

Material handling and transfer--all minerals except bauxite (SCC 3-03-024-08)g

0.01 C 0 C

Drying

Drying--all minerals except titanium/zirconium sands (SCC 3-03-024-11)f

19.7 C 12 C

Drying--all minerals except titanium/zirconium sands (SCC 3-03-024-11)f

19.7 C 12 C

Drying--titanium/zirconium with cyclones (SCC 3-03-024-11)f 0.5 C ND C

Drying--titanium/zirconium with cyclones (SCC 3-03-024-11)f

0.5 C ND

Notes for Table 4-4:Factors represent uncontrolled emissions unless otherwise noted; controlled emission factors are also discussed in this section. All emission factors are in lb/ton of material processed unless noted. SCC = Source Classification Code. Neg = negligible. ND = no data.

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a PM emissions do not equate to quantity of listed chemical. Such determinations require knowledge of the percentconcentration of the target chemical in the ore.

b Filterable PM is that PM collected on or prior to the filter of an EPA Method 5 (or equivalent) sampling train.c Defined in Section 11.24.2.d Based on weight of material entering primary crusher.e Based on weight of material entering grinder; emission factors are the same for both low-moisture and high-moisture

ore because material is usually dried before entering grinder.f Based on weight of material exiting dryer; emission factors are the same for both high-moisture and low-moisture

ores; SOx emissions are fuel dependent (see Chapter 1); NOx emissions depend on burner design and combustiontemperature (see Chapter 1).

g Based on weight of material transferred; applies to each loading or unloading operation and conveyor belt transferpoint.

h Bauxite with moisture content as high as 15 to 18% can exhibit the emission characteristics of low- moisture ore; uselow-moisture ore emission factor for bauxite unless material exhibits obvious sticky, nondusting characteristics.

Source: AP-42.**Emission Factor Quality Ratings for Table 4-4 are as follows:A Excellent. Factor is developed from A- and B-rated source test data taken from many randomly chosen facilities in theindustry population. The source category population is sufficiently specific to minimize variability. B Above average. Factor is developed from A- or B-rated test data from a "reasonable number" of facilities. Although nospecific bias is evident, it is not clear if the facilities tested represent a random sample of the industry. As with an A rating, thesource category population is sufficiently specific to minimize variability. C Average. Factor is developed from A-, B-, and/or C-rated test data from a reasonable number of facilities. Although nospecific bias is evident, it is not clear if the facilities tested represent a random sample of the industry. As with the A rating,the source category population is sufficiently specific to minimize variability. D Below average. Factor is developed from A-, B- and/or C-rated test data from a small number of facilities, and there maybe reason to suspect that these facilities do not represent a random sample of the industry. There also may be evidence ofvariability within the source population. E Poor. Factor is developed from C- and D-rated test data, and there may be reason to suspect that the facilities tested do notrepresent a random sample of the industry. There also may be evidence of variability within the source category population.

The emission factors in Tables 4-4 are for the process operations as a whole. At mostmetallic mineral processing plants, each process operation requires several types of equipment. Asingle crushing operation is likely to include a hopper or ore dump, screen(s), crusher, surge bin,apron feeder, and conveyor belt transfer points. Emissions from these various pieces ofequipment are often ducted to a single control device and, therefore, considered stack air emissionsources. The emission factors provided in Table 4-4 are for primary, secondary, and tertiarycrushing process units that are in this type of arrangement.

Emission factors provided in Table 4-4 are for two types of dry grinding operations: thosethat involve air conveying and/or air classification of material and those that involve screening ofmaterial without air conveying. Grinding operations that involve air conveying and airclassification usually require dry cyclones for efficient product recovery. The factors in Tables 4-4 are for emissions after product recovery cyclones. Grinders in closed circuit with screensusually do not require cyclones. Emission factors are not provided for wet grinders because thehigh-moisture content in these operations can reduce emissions to negligible levels.

At some metallic mineral processing plants, material is stored in enclosed bins betweenprocess operations. The emission factors provided in Table 4-4 for the handling and transfer ofmaterial should be applied to the loading of material into storage bins and the transferring ofmaterial from the bin. The emission factor will usually be applied twice to a storage operation:once for the loading operation and once for the reclaiming operation. If material is stored atmultiple points in the plant, the emission factor should be applied to each operation and shouldapply to the material being stored at each bin. The material handling and transfer factors do not

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apply to small hoppers, surge bins, or transfer points that are integral with crushing, drying, orgrinding operations.

At some large metallic mineral processing plants, extensive material transfer operationswith numerous conveyor belt transfer points may be required. The emission factors for materialhandling and transfer should be applied to each transfer point that is not an integral part ofanother process unit. These emission factors should be applied to each such conveyor transferpoint and should be based on the amount of material transferred through that point.The emission factors for material handling can also be applied to final product loading forshipment. Again, these factors should be applied to each transfer point, ore dump, or other pointwhere material is allowed to fall freely.

The emission factors for dryers in Table 4-4 include transfer points integral to the dryingoperation. A separate emission factor is provided for dryers at titanium/zirconium plants that usedry cyclones for product recovery and for emission control. Titanium/zirconium sand-type oresdo not require crushing or grinding, and the ore is normally washed to remove humic and claymaterial before concentration and drying operations. Drying and dry grinding operations areassumed to produce or to involve only low-moisture material.

Emissions from metallic mineral processing plants are usually controlled with wetscrubbers or baghouses. For moderate to heavy uncontrolled emission rates from typical dry oreoperations, dryers, and dry grinders, a wet scrubber with pressure drops ranging from 1.5 to 2.5kilopascals (kPa) (6 to 10 inches of water) will reduce emissions by approximately 95 percent. With very low uncontrolled emission rates typical of high-moisture conditions, the percentagereduction will be lower (approximately 70 percent). The amounts not captured by this type ofequipment will need to be considered toward stack or fugitive emissions depending on how theequipment is designed, if thresholds for the chemicals have been exceeded elsewhere at thefacility.

Over a wide range of inlet mass loadings, a well-designed and maintained baghouse willreduce emissions to a relatively constant outlet concentration. Such baghouses tested in themineral processing industry consistently reduce emissions to less than 0.05 gram per dry standardcubic meter (g/dscm) (0.02 grains per dry standard cubic foot [gr/dscf]), with an averageconcentration of 0.015 g/dscm (0.006 gr/dscf). Under conditions of moderate to highuncontrolled emission rates at typical dry ore facilities, this level of controlled emissionsrepresents greater than 99 percent removal of PM emissions. Because baghouses reduceemissions to a relatively constant outlet concentration, percentage emission reductions would beless for baghouses on facilities with a low level of uncontrolled emissions.

Many physical beneficiation processes are wet and fugitive air emissions are expected tobe minimal. Industrial hygiene monitoring may be a useful source of information for estimatingany fugitive emissions from wet physical beneficiation. Facilities using dry processes may haveparticulate emissions of ore or concentrate and can refer to emission factors, monitoring data, andpermit information. Fugitive emissions may occur during transfer and handling of ore andconcentrate. In the absence of better facility-specific data, the emission factors in Table 4-4 maybe used to estimate amounts of fugitive emissions from storage and handling. Facilities that use

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Stack Emissions from Storage Tanks

The TANKS3 program is designed to estimate emissionsof organic chemicals from several types of storage tanks.The calculations are performed according to EPA's AP-42,Chapter 7. After the user provides specific informationconcerning a storage tank and its liquid contents, thesystem produces a report which estimates the chemicalemissions for the tank on an annual or partial year basis.The user can also determine individual component lossesby using one of the specification options available in theprogram.

The TANKS3 program relies on a chemical database ofover 100 organic liquids and a meteorological databasewhich includes over 250 cities in the United States; usersmay add new chemicals and cities to these databases byproviding specific information through system utilities.On-line help provides documentation and user assistancefor each screen of the program. The TANKS3 programand manual can be downloaded from the world wide webat http://www.epa.gov/ttn/chief/tanks.html.

heat processes such as calcining and sintering may use monitoring data, facility-specific emissionfactors, and other sources of data to determine quantities of EPCRA Section 313 chemicalsreleased to air during heat processes. In the absence of better facility specific data, facilities mayuse the emission factors for drying in Table 4-4.

Chemical Beneficiation Air emissions of EPCRA Section 313 chemicals can also occurduring many chemical beneficiation techniques, including air emissions from the followingsources:

C TanksC Waste management unitsC Other Sources of Air Emissions

These air releases and methods for estimating their quantities are discussed below.

Air Releases From Tanks

Compilation of Air Pollutant Emission Factors (AP-42) provides detailed information onthe calculation of stack air emissions during the storage and transfer of liquids. A number ofequations used to calculate air emissions from storage tanks can be found in AP-42, Chapter 7. Total air emissions from storage tanks are equal to the sum of the standing storage loss andworking loss. Variables such as tankdesign, liquid temperature, and windvelocity are taken into account whendetermining standing storage loss andworking loss. The emission equations forfixed-roof tanks in AP-42 were developedfor vertical tanks; however, the equationscan also be used for horizontal tanks bymodifying the tank parameters as specifiedin AP-42. Many of these equations havebeen incorporated into computer modelssuch as TANKS3 (See box on TANKS3 formore information).

Once the total volatile organiccompound (VOC) loss is calculated, theemission rate of each constituent in thevapor can then be determined. In general,the emission rate for individual componentscan be estimated by multiplying the weightfraction of the constituent in the vapor bythe amount of total VOC loss. The weightfraction of the constituent in the vapor canbe calculated using the mole fraction and thevapor pressure of the constituent (equations found in AP-42). The weight percent can also be

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obtained from the SPECIATE database. The SPECIATE database contains organic compoundand particulate matter speciation profiles for more than 300 source types. The profiles attempt tobreak down the total VOC or particulate emissions from a particular source into the individualcompounds. The SPECIATE database can be downloaded from the Internet athttp://www.epa.gov/ttn/chief/software.html#speciate.

Equipment Leaks

In general, equipment such as valves and flanges leak. These leaks tend to be so small andslow that they are unnoticeable to a casual observer. When considered on a facility-wide basis,however, these leaks can account for a significant quantity of fugitive air emissions. These fugitiveair emissions occur whenever the equipment contains chemical product waste or other materials(e.g., even though materials may no longer be flowing through a pipe, the valves and flangesassociated with the pipe will still produce emissions unless the pipe has been drained and cleaned).

Protocol For Equipment Leak Emission Estimates (EPA-453/R-95-017) presents acomprehensive discussion of how to estimate equipment leaks. This document is available athttp://www.epa.gov/ttn/chief/fyi.html. Four approaches for estimating equipment leak emissionsare presented below in order of increasing refinement.

C Average emission factor approach;C Screening ranges approach;C EPA correlation approach; andC Unit-specific correlation approach.

In general, the more refined approaches require more data and provide more accurate emissionestimates for a process unit.

Both the average emission factor and screening ranges approaches, emission factors arecombined with equipment counts to estimate emissions.

The average emissions factor approach allows the use of average emission factorsdeveloped by EPA, as shown in Table 4-5, SOCMI Average Emission Factors. These averagefactors must be multiplied by the number of pieces of equipment being considered and the lengthof time each piece of equipment is in service. The average emission factors vary depending on theservice category (e.g., gas, light liquid, or heavy liquid), and the total organic compound (TOC)concentration of the stream. To estimate emissions with the EPA correlation approach, measuredconcentrations (screening values) for all equipment are individually entered into generalcorrelations developed by the EPA. In the unit-specific correlation approach, screening and leakrate data are measured for a select set of individual equipment components and then used todevelop unit-specific correlations. Screening values for all components are then entered into theseunit-specific correlations to estimate emissions.

Table 4-5SOCMI AVERAGE EMISSION FACTORS*

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Equipment type Service Emission factorsa (lbs/hr/source)

Valves GasLight liquidHeavy liquid

0.01320.008880.00051

Pump sealsb Light liquidHeavy liquid

0.04390.0190

Compressor seals Gas 0.503

Pressure relief valves Gas 0.229

Connectors All 0.00403

Open-ended lines All 0.0037

Sampling connections All 0.0331*Protocol for Equipment Leak Emission Estimates (EPA, EPA-453/R-95-017)a These factors are for total organic compound emissionsb The light liquid pump seal factor can be used to estimate the leak rate from agitator seals

The general equation for estimating TOC mass emissions from an equipment leak usingaverage emission factors is:

ETOC = FA * WFTOC * Nwhere:

ETOC = emission range of TOC from all equipment in the stream of a givenequipment type (lb/hr)

FA = average emission factor for the equipment type (lb/hr/source)WFTOC = average weight fraction of TOC in the streamN = number of pieces of equipment

And the equation for determining the emissions of a specific VOC in a mixture or other tradename product from equipment is:

Ex = ETOC * (WPx/WPTOC)where:

Ex = The mass emissions of organic chemical "x" (lb/hr)ETOC = The TOC mass emissions from the equipment (lb/hr)WPx = The concentration of organic chemical "x" in the equipment in

weight percentWPTOC = The TOC concentration in the equipment in weight percent.

This average emission factor approach is presented as an option for facilities with no dataconcerning equipment leaks. It is the facility’s responsibility to choose the best method forestimating releases from equipment leaks.

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WATER8

A computer program, WATER8, is available for estimating the fate of organic compounds in various wastewatertreatment units, including collection systems, aerated basins, and other units. WATER8 is written to run under DOSwithout the need to purchase other programs. WATER8 contains useful features such as the ability to link treatmentunits to form a treatment system, the ability to recycle among units, and the ability to generate and save site-specificcompound properties. The WATER8 program and users manual can be downloaded from the world wide web athttp://www.epa.gov/ttn/chief/software.html#water8.

CHEMDAT8

Analytical models have been developed to estimate emissions of organic compounds via various pathways fromwastewater and waste management units. Some of these models have been assembled into a spreadsheet calledCHEMDAT8 for use on a PC. A user's guide for CHEMDAT8 is also available. Area emission sources for whichmodels are included in the spreadsheet are as follows: nonaerated impoundments, which include surfaceimpoundments and open top wastewater treatment tanks; aerated impoundments, which include aerated surfaceimpoundments and aerated WWT tanks; disposal impoundments, which include nonaerated disposalimpoundments; land treatment; and landfills. These models can be used to estimate the magnitude of site airemissions for regulatory purposes. The CHEMDAT8 program and manual can be downloaded from the world wideweb at http://www.epa.gov/ttn/chief/software.html#water8.

Waste Management Units

Air emissions from wastewater treatment plants can be estimated using one of severalprograms. One program is WATER8 (described in the box). Other programs are availablecommercially. Some wastewater treatment may take place in covered tanks. If this is the case, theTANKS3 program may be appropriate to use.

Metal mining facilities should also consider air emissions from any on-site tailings piles. Facilities can use EPA’s TSCREEN model to analyze air emissions from different types ofsources, including tailings piles. The computer program TSCREEN, A Model for ScreeningToxic Air Pollutant Concentrations, should be used in conjunction with the "Workbook ofScreening Techniques for Assessing Impacts of Toxic Air Pollutants (Revised)" (EPA, 1992a).

With the use of these tools one can determine the type of release and the steps to be followed tosimulate the release. TSCREEN can be downloaded at http://www.epa.gov/scram001.

Volatile chemicals can evaporate from solid waste and non-volatile chemicals can be released tothe air via particulate emissions. One tool that can be used to estimate air emissions isCHEMDAT8.

Other Sources of Air Emissions

Metal mining facilities may have air emissions from a variety of other sources, dependingon the chemical beneficiation technique used. Data sources and calculation methods for

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estimating fugitive and stack emissions from chemical beneficiation methods include thefollowing:

• Industrial hygiene monitoring data• AP-42 emissions factors• Facility-specific emission factors and models• Mass balance (for volatile solvents)• EPA and industry association models• Data from a leak detection and repair (LDAR) program• Engineering calculations• Air emission inventories• Air permit applications• Process and production data• Emission factors from EPA and commercial models• Engineering calculations

Facilities that do not have such data may use other sources, including engineeringjudgement to estimate fugitive emissions.

4.2.2 Wastewater

Numerous activities at metal mines may create wastewaters containing EPCRA Section313 chemicals. Facilities can estimate quantities of EPCRA Section 313 chemicals in wastewaterfrom various mining activities using similar sources of data and estimation techniques. Therefore,this section begins with a general discussion about estimating quantities of EPCRA Section 313chemicals in wastewater from many metal mining activities. This is followed by a discussionabout issues specific to extraction, physical beneficiation, and chemical beneficiation.

A facility that discharges or has the potential to discharge water containing regulatedwastes must operate under the terms of Federal, State, and/or local permits, such as a NPDESdirect discharge permit, or a POTW indirect discharge agreement. The permit(s) or agreementusually require measurements of the water volume and monitoring of some generalizedwastewater parameters including concentrations of various constituents. In some cases, theconstituent analyses required for permit compliance includes EPCRA Section 313 chemicals. Inother cases, facilities may have conducted more detailed analysis of specific constituents in itswastewaters as part of its NPDES or POTW discharge applications. In these instances, releasescan be calculated by multiplying the volume of wastewater released by the concentration of thechemical released. See box for an example calculation.

Based on the concentration and wastewater flow data available, an estimate of dischargesto water can be calculated. Facilities should calculate the daily average discharges of a reportableEPCRA Section 313 chemical in pounds and use those estimates to determine the annual

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Example Calculation of Yearly WastewaterDischarge

A facility has monitoring data on discharges to water of xylene, anEPCRA Section 313 chemical, and a Form R report is required.In this example, monitoring data on this chemical are onlyavailable for two days in the year. The daily quantities of poundsof xylene released for those two dates would then be divided by thenumber of sample dates to determine the daily average for thewhole reporting year, which would be used to estimate the annualdischarge of xylene in wastewater:

Date Concentration(mg/l)

Flow(MGD)

DailyDischarge

3/1 1.0 1.0 8.33 lbs.

9/8 0.2 0.2 0.332 lbs.

Annual Calculation:(8.33 lbs. + 0.332 lbs.)/2 days x 365 days/year = 1580.82 lbs/yr

discharge in pounds per year. Using the daily concentrationdata available for the reportablechemical combined with thewastewater flow data for each ofthe sampling dates, calculate anestimate of pounds per day foreach sampling date. After thecalculations are made for eachmonitoring point (e.g., daily,monthly), the pounds dischargedare averaged to determine anaverage daily discharge amountwhich would be multiplied by thenumber of days discharges werepossible (e.g., 365 days a year).

If no chemical-specificmonitoring data exist, processknowledge (or in some cases,mass balance) may be used todevelop an estimate.

Discharges of listed acids may be reported as zero if all discharges have been neutralizedto pH 6 or above. If wastewater containing a listed acid is discharged below pH 6, then releasesof the acid must be calculated and reported, except for hydrochloric and sulfuric acid (acidaerosols), which are only reportable in aerosol form. For more information on calculating suchdischarges of acids, see EPA’s Estimating Releases of Mineral Acid Discharges Using pHMeasurements (EPA 745/F-97-003, June 1991).

Section 313 chemicals contained in discharges to surface water would be reported as adischarge to a receiving stream or water body in Part II, Section 5.3 of Form R. Even thosefacilities subject to “zero discharge” requirements of 40 CFR Part 440, Subpart J may haveauthorized discharges due to the storm water exemption, and these would be reportable as well.Section 313 chemicals contained in discharges to publicly owned treatment works (POTWs)would be reported in Part II, Section 6.1 of Form R. Section 313 chemicals contained indischarges to land on-site would be reported in Part II, Section 5.5 of Form R (and are discussedfurther in the next section).

Metal mining facilities can use the data sources and estimation techniques outlined aboveto calculate quantities of EPCRA Section 313 chemicals in waste water discharges from manyactivities at their facilities. Additional information on estimating waste water discharges fromextraction is given below:

2 When this reaction occurs within a mine it is called acid mine drainage (AMD). When it occurs in wasterock and tailings piles it is often known as acid rock drainage (ARD), although AMD is the most widely used term for both. For purposes of this document, AMD is used to describe both ARD and AMD.

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Extraction Metal mining facilities may release or transfer to a POTW EPCRA Section313 chemicals in wastewater resulting from extraction activities. In particular, facilities maydischarge mine water and acid mine drainage containing EPCRA Section 313 chemicals.

Mine Water

Facilities may continuously pump enormous quantities of water during extraction. EPCRA Section 313 chemicals in mine water that is discharged into surface waters, on-site waterbodies, or POTWs must be reported on the Form R, provided thresholds have been exceeded. Operating data on flow rates of discharged mine water, combined with monitoring data onchemical concentrations can be used to calculate discharges of EPCRA Section 313 chemicals inmine water.

Acid Mine Drainage

Facilities may discharge EPCRA Section 313 chemicals in acid mine drainage to surfacewater or on-site water bodies. Acid mine drainage occurs when sulfides in waste rock, tailings,spent ore from heap leach operations, and mine structures such as pits and underground workings,are exposed to oxygen and water in the presence of bacteria2. Acid mine drainage is primarily afunction of the mineralogy of the rock material and the availability of water and oxygen. Acidmine drainage generation can be seasonal and is sometimes accelerated during periods of heavyrainfall. Because remediating acid mine drainage can be damaging and costly, predictive tools andmodels, design performance, financial assurance, and monitoring have become increasinglyimportant. Data collected for these purposes can be used to calculate quantities of EPCRASection 313 chemicals in acid mine drainage for EPCRA Section 313 reporting purposes, whenthis activity takes place at a covered facility and thresholds have been exceeded. Facilities mayalso have data on amounts and concentrations of EPCRA Section 313 chemicals in acid minedrainage to meet regulatory requirements

Physical Beneficiation. Many physical beneficiation methods require facilities to mix oreparticles with water, creating a slurry. These processes may result in wastewater discharges,particularly if the facility dewaters the slurryto further concentrate the product. Monitoring data, and operating records arepotential sources of data for calculatingquantities of EPCRA Section 313 chemicalsreleased to water.

Chemical Beneficiation. Manychemical beneficiation techniques producewastewater streams that may be discharged toon-site water bodies or POTWs. For

Water Releases from Leaching Dumps

Facilities that use heap and dump leaching techniquesshould consider releases of EPCRA Section 313chemicals that may wash from the dumps into surfacewaters. The facility water balance and pregnantleachate solution (PLS) characterization can be usedto estimate these releases. Releases to water fromleach dumps can also occur during large storm events.Some of the PLS may also be lost to a nearby waterbody through drainage or storm water. Monitoringrequired by NPDES permits may provide useful datato estimate these releases. Report water dischargesfrom leaching dumps in Section 5.3 of Form R,discharged to a receiving stream or water body.

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example, electrowinning processes can produce a small amount of wastewater that may bedischarged as a bleed stream to surface water. In carbon adsorption processes that use nitric acidto regenerate carbon beds, a spent acid wash solution containing nitric acid and nitratecompounds may be discharged. In most cases, facilities can use the data sources and estimationtechniques outlined earlier in this section to estimate quantities of EPCRA Section 313 chemicalsin wastewaters from chemical beneficiation activities. Facilities that use heap and dump leachingtechniques may have additional considerations, as outlined in the box.

4.2.3 Land

Metal mining facilities may dispose EPCRA Section 313 chemicals in wastes generatedfrom numerous on-site activities. Sources of data, estimation techniques, and reporting issuesrelated to the disposal of wastes generated from extraction, physical beneficiation and chemicalbeneficiation are discussed below.

Extraction Metal mining facilities may release large amounts of waste rock to landduring extraction. Mine operating records should indicate the amounts of waste rock disposed toland during the year. Concentrations of EPCRA Section 313 chemicals in waste rock can beobtained from mineral assays, metal analyses, historical mine records, financial information, andother sources.

During extraction, many metal mining facilities remove overburden to access an ore body. Overburden is the unconsolidated material that overlies a deposit of useful materials or ores, anddoes not include any portion of ore or waste rock (40 CFR 327.3). Chemicals in overburden areexempt from EPCRA Section 313 reporting and you are not required to report on or considertoward thresholds any quantities of chemicals in overburden released as particulate, disposed toland, transferred off-site or otherwise managed as waste.

As discussed in Chapter 3 of this document, displacement of waste rock to gain access toore is not considered an EPCRA Section 313 threshold activity (i.e., waste rock is notmanufactured, processed, or otherwise used) and therefore amounts of EPCRA Section 313chemicals in waste rock are not required to be applied towards activity thresholds. However, thisdoes not mean that releases and other waste management activities associated with waste rock areexempt from EPCRA Section 313 reporting. If you exceed an activity threshold for an EPCRASection 313 chemical elsewhere at the facility that is also contained in waste rock regardless of itsconcentration, you must report releases and other waste management activities of that chemical. Because waste rock has not undergone a threshold activity, amounts of EPCRA Section 313chemicals in waste rock are not eligible for the de minimis exemption. Therefore, releases andother waste management activities of EPCRA Section 313 chemicals in waste rock must bereported, regardless of their concentration if thresholds for those chemicals have been exceeded.

If you decide to beneficiate waste rock disposed in a previous year, and you displace someof the waste rock, you are not required to report EPCRA Section 313 chemicals in the waste rockas a release to land in the year that you displaced it. For example, a facility reports the on-sitedisposal of an EPCRA Section 313 chemical in waste rock in reporting year A. In reporting yearA+1, the facility decides to beneficiate a portion of the waste rock that was disposed the previous

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year. To access this portion, the facility moves some of the waste rock disposed in reporting yearA to a different location. In reporting year A+1, the facility is not required to report the wasterock moved as a release to land.

Physical Beneficiation. Physical beneficiation techniques may produce solid wastes, whichmay be disposed of on-site. If this waste is disposed on-site, it must reported in Section 5.5 ofForm R. Air control devices (e.g., baghouses) used in comminution equipment may collect solidwaste containing EPCRA Section 313 chemicals. Sources of data to estimate the quantity of anEPCRA Section 313 chemical in solid matter collected in air control equipment include wasteanalyses, operating records, treatment equipment specifications, and mass balance. For example,filtration typically produces filter cake, filtrate, and/or spent filter cloths. Other physicalbeneficiation processes may produce various types of sludges and tailings. Waste analyses forthese wastes can be used to estimate quantities of EPCRA Section 313 chemicals in the solidwastes.

Example - Waste Rock Calculation

A nickel mine processed more than 25,000 pounds of nickel compounds during the reporting year, and mustfile a Form R for nickel compounds (the facility does not meet the criteria for filing a Form A). The facilityhas data indicating that the waste rock contains less than 0.05 percent by weight nickel. Operating recordsindicate that the mine disposed 2.5 million tons of waste rock during the reporting year.

Amount of nickel disposed to land = Amount of waste rock x concentration of nickel in waste rock = 2,500,000 tons x 2,000 lbs/ton x 0.05%= 2,500,000 pounds of nickel

Therefore, the facility must report (assuming the facility has no other releases of nickel to land) 2,500,000pounds in Section 5.5, Disposal to Land On-site, of the Form R.

Example - Baghouse

Your facility uses a baghouse to reduce particulate air emissions from ore grinding activities, and disposes thematerial caught in the baghouse on-site. Using emission factors (previously discussed), you calculate that youreleased 100 tons of particulate to air from grinding conducted during the reporting year. Your treatmentequipment has a capture efficiency of 85%. Waste analyses of the particulate caught in the baghouse indicatethat there is 1.6% nickel in the material. By combining these data, you can calculate the amount of nickeldisposed on-site during the year:

Amount disposed on-site = Amount of particulate caught in baghouse x concentration of nickel= (100 tons x 2,000 pounds/ton) x 85/15 x 1.6%= 1,813.3 pounds of nickel released to air from grinding activities.

Thus, you would add 1,813.3 pounds of nickel to any other amounts of nickel disposed on-site during the year,and report the total amount disposed in Section 5.5 of Form R.

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Chemical Beneficiation. Metal mines must report the on-site disposal of EPCRA Section313 chemicals in tailings, and spills to land. Facilities that use leaching processes may alsodispose spent ore. Finally, metal mining facilities may dispose wastes from beneficiation activitiesthat are not directly related to mineral processing, such as wastes from equipment maintenance. These four types of wastes are discussed below.

Tailings

Metal mining facilities may create tailings from a variety of beneficiation activities. Examples include the following:

C Solvent Extraction - Sludge can accumulate in solvent extraction/electrowinningsystems and facilities may periodically dispose this waste.

C Ion Exchange - The ion exchange process may generate loaded resins containingEPCRA Section 313 chemicals. Facilities may dispose the loaded resin to land.

C Electrowinning - Spent electrolyte may be generated during electrowinningactivities, sent through a stripping step and subsequently discharged to a tailingspond.

Report the Final Disposition of a Waste

Facilities must report the final disposition of chemicals released during the reporting year. For example, yourfacility sends 1,000 pounds of an EPCRA Section 313 chemical to a surface impoundment during the reportingyear. During the same reporting year, five hundred pounds of the amount disposed to the surfaceimpoundment is discharged to an on-site water body, 100 pounds volatilizes as a fugitive air emissions, and theremainder accumulates as a sludge at the bottom of the impoundment. Assuming your facility exceeds anactivity threshold for that chemical, you would report releases as follows:

100 pounds in Section 5.1, Fugitive Emissions500 pounds in Section 5.3, Discharges to Receiving Streams or Water Bodies400 pounds in Section 5.5, Releases to Land.

The facility does not, however, report amounts that are emitted or migrate from one media to another insubsequent years. For example, if a facility disposes 1,000 pounds of a Section 313 chemical to land in 1998,and 500 pounds of this is discharged to water in 1999, the facility reports 1,000 pounds released to land in1998, and does not report the 500 pounds discharged to water in 1999 on the Form R.

Also, you are not required to report migrations of an EPCRA Section 313 chemical within the same media. For example, a facility places 500 pounds of a chemical into a landfill during the reporting year, of which fiftypounds seep into the ground below the landfill. You would report all 500 pounds in Section 5.5.1B, OtherLandfills.

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Example - Estimating Releases for Accidental\ Losses

A metal mining facility uses a glycol ether in abeneficiation process. While unloading on a windlessovercast day, a 55 gallon drum containing glycol ether isspilled. Most of the spill remains on the pad, however, anestimated ten percent flows off the pad and onto the soil. Absorbent material used to remove the glycol ether from theconcrete pad is subsequently incinerated. How would thesereleases be reported on the Form R? The density of glycolether is 8.6 pounds per gallon, and the vapor pressure is0.10 mm Hg at 68o F.

Quantity spilled = 55 gal x 8.6 lbs./gal = 473 lbs.Quantity spilled onto pad = 473 x 90% = 425.7 lbs.Quantity spilled onto soil = 473 x 10% = 47.3 lbs.

Air emissions of glycol ether are expected to be negligibledue to the low vapor pressure and environmental conditions,provided response and cleanup are immediate. Therefore,the quantity spilled onto the soil (50 pounds) should bereported in Section 5.5.4, other disposal. The quantityspilled onto the concrete pad (430 pounds) will need to beadded to the quantity of glycol ether directly fed to theincinerator. After accounting for releases of glycol ether tothe air from the incinerator (as well as other potentialreleases - some may be released to water if the facilityoperates a wet scrubber), the remainder would be reportedas treated on site (Section 8.6).

These and other wastes resulting from chemical beneficiation techniques may contain amixture of extracted metals and chemicals added to the beneficiation process. Metal miningfacilities commonly dispose tailings in on-site surface impoundments and occasionally in landfillsor underground mines as backfill to provide ground or wall support. Disposal to surfaceimpoundments, landfills, and underground mines is reported in Section 5.5 of Form R. Facilitiesusing certain beneficiation methods may closely monitor the quantity and composition of tailingsmonitored to ensure the efficiency of the beneficiation process. Facilities can use these data toestimate the quantity of Section 313 chemicals discharged to land on site. Facilities may also havewaste analyses that they can use to estimate quantities disposed to land.

Spent Ore

Some metal mining facilities useleaching processes to remove valuablemetals from ores. In particular, goldmines commonly use heap leaching andcopper mines often use dump leaching.Other leaching methods include tank/vatleaching, in situ leaching, andbioleaching. Facilities that conductheap and dump leaching activitiesshould consider EPCRA Section 313chemicals in spent ore that is left inplace, or moved elsewhere for disposal,after leaching is complete. Duringleaching, the ore pile is considered partof the facility’s process, and EPCRASection 313 chemicals in the pile wouldnot be considered releases to land whilethe leaching process is active. However, EPCRA Section 313chemicals that may accidentally seepinto the ground below thepile during active leaching, must bereported on the Form R as land andwater releases. Once the leachingactivity is complete, amounts ofEPCRA Section 313 chemicalsremaining must be considered asreleased provided thresholds have beenexceeded.

Spills

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Spills are another pathway for EPCRA Section 313 chemicals to result in reportablereleases and other waste management quantities. The total amount of the listed EPCRA Section313 chemical that leaks or spills should not automatically be reported as released to land. Amounts that may volatilize should be considered a release to air, as well as amounts cleaned upand disposed also need to be considered. However, amounts spilled into containment areas thatare directly reused within the same reporting year without requiring treatment prior to reuse arenot subject to release reporting. More guidance on calculating releases from spills can be found inEPA’s Estimating Releases and Waste Treatment

In-Situ Leaching

Less commonly used, in situ leaching involves the injection of solutions of chemicals into wells to removetarget metals directly from deep-lying deposits of undisturbed ore. Facilities are not required to report asreleases to land any EPCRA Section 313 chemicals in the leaching solution that are injected as part of theleaching process. For example, a facility injects a leaching solution into a well. The facility pumps theinjected solution back to the surface, and removes the target metals from the solution. The facility reinjectsthe remaining solution, which may contain remaining amounts of EPCRA Section 313 metals. The facilityis not required to report the EPCRA Section 313 chemicals injected into the well as releases to land,provided that the recirculating leaching process continues. However, amounts that escape into surroundingrock are reported in Section 5.5 of Form R, Disposal to Land On-site. Once the process stops, the facilitymust report any remaining amounts of EPCRA Section 313 metals left in the leaching zone.

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Efficiencies for the Toxic Chemical Release Inventory Form.

Other Wastes

Wastes resulting from mining machinery maintenance, and other facility activities arecommonly disposed on-site or transferred off-site for disposal. These wastes may include usedoil, polychlorinated biphenyls, discarded commercial chemicals, cleaning solvents, filters, emptydrums, and general refuse. Although wastes from the extraction and beneficiation (as definedunder RCRA, the Resource Conservation and Recovery Act) of ores and minerals, and 20 specificmineral processing wastes ( identified in an EPA final ruling) are exempt from RCRA Subtitle Crequirements, other wastes produced at metal mining facilities may be subject to RCRA Subtitle C(40 CFR §261.4(b)(7)). Data from waste manifests, waste profiles, and other data collectedunder RCRA can therefore be used to estimate quantities of EPCRA Section 313 chemicals inwastes subject to RCRA.

4.2.4 Transfers Off-site (Not Including Transfers to POTWs)

Metal mining facilities may also transfer wastes off-site for treatment, disposal, recycling,or energy recovery. Examples of wastes containing EPCRA Section 313 chemicals that metalmining facilities may transfer off-site include:

C Wastes such as solvents sent off-site for energy recovery;

C Wastes containing high concentrations of metals (e.g., wastes from electrowinning)sent off-site for recycling;

C Wastes generated from remediation activities or one-time events unrelated toproduction (such as a hurricane);

C Wastes subject to RCRA Subtitle C, sent off-site for disposal, incineration, orother management.

Many of the sources of data mentioned previously in this chapter for estimating quantitiesof EPCRA Section 313 chemicals in wastes can be used to estimate quantities sent off-site. Facilities that transfer RCRA Subtitle C wastes off-site can use waste profiles and waste manifeststo estimate quantities of EPCRA Section 313 chemicals in the waste transferred off-site. Operating records, waste analysis, and data generated to meet specifications requested by the off-site location are other sources of data that the facility may use.

The final known disposition of the EPCRA Section 313 chemical in wastes sent off-sitefor further waste management must be reported. For example, an EPCRA Section 313 metal in awaste solvent is sent off-site for energy recovery. The waste stream as a whole has a sufficientheat value to warrant energy recovery, however the metals do not. Unless the facility hasinformation indicating that the metal will be recycled, assume the metal will be disposed at the off-site location.

APPENDIX A

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REPORTING GUIDANCE DOCUMENTS

General Guidance

Air/Superfund National Technology Guidance Study Series, no date.Internet Availability: NoneHardcopy Availability: NTISOrder Number: PB96-162-490

Chemicals in Your Community: A Guide to the Emergency Planning and Community Right-To-Know Act, 1993.Internet Availability: http://www.epa.gov/swercepp/gen-pubs.htmlHardcopy Availability: NCEPI or EPCRA HotlineOrder Number: EPA-550-K-93-003

Common Synonyms for Chemicals Listed Under Section 313 of the Emergency Planning andCommunity Right-To-Know Act, March 1995.Internet Availability: NoneHardcopy Availability: NCEPI or EPCRA HotlineOrder Number: EPA-745-R-95-008

Consolidated List of Chemicals Subject to the Emergency Planning and Community Right-to-Know Act and Section 112(r) of the Clean Air Act, as amended (Title III List of Lists), November1998.Internet Availability: http://www.epa.gov/swercepp/gen-pubs.htmlHardcopy Availability: NCEPI or EPCRA HotlineOrder Number: EPA-550-B-98-017

The Emergency Planning and Community Right-to-Know Act: Section 313 Release ReportingRequirements, December 1997 (brochure).Internet Availability: NoneHardcopy Availability: NCEPI or EPCRA HotlineOrder Number: EPA-745-K-97-002

EPCRA Section 313 Questions & Answers, Revised 1998 Version, December 1998.Internet Availability: http://www.epa.gov/opptintr/triHardcopy Availability: NCEPI or EPCRA HotlineOrder Number: EPA-745-B-99-004

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Executive Order 12856 - Federal Compliance with Right-to-Know Laws and PollutionPrevention Requirements: Questions and Answers.Internet Availability: NoneHardcopy Availability: NCEPI or EPCRA HotlineOrder Number: EPA-745-R-95-011

Interpretations of Waste Management Activities: Recycling, Combustion for Energy Recovery,Treatment for Destruction, Waste Stabilization and Release, April 1997.Internet Availability: NoneHardcopy Availability: EPCRA HotlineOrder Number: No order number

Standard Industrial Classification Manual, 1987.Internet Availability: None (see http://www.epa.gov/tdbnrmrl/help/l_help7.htm for codes)Hardcopy Availability: NTISOrder Number: PB-87-100-012

Supplier Notification RequirementsInternet Availability: NoneHardcopy Availability: NCEPI or EPCRA HotlineOrder Number: EPA-560-4-91-006

Toxic Chemical Release Inventory Reporting Forms and Instructions (TRI Forms and ReportingRequirements), March 23, 1998Internet Availability: http://www.epa.gov/opptintr/triHardcopy Availability: NCEPI or EPCRA HotlineOrder Number: EPA-745-K-98-001

Toxic Chemical Release Reporting; Community Right-to-Know; Final Rule, February 16, 1988(53 FR 4500).Internet Availability: NoneHardcopy Availability: NCEPI or EPCRA HotlineOrder Number: None

Trade Secrets Rule and Form, July 29, 1988 (53 FR 28772).Internet Availability: NoneHardcopy Availability: NCEPI or EPCRA HotlineOrder Number: None

Waste Analysis at Facilities That Generate, Treat, Store, and Dispose of Hazardous Wastes; AGuidance Manual, April 26, 1994.Internet Availability: http://es.epa.gov/oeca/ore/red/wap330.pdfHardcopy Availability: NTISOrder Number: PB94-963-603

Chemical-Specific Guidance

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Emergency Planning and Community Right-to-Know Section 313: Guidance for ReportingAqueous Ammonia, July 1995.Internet Availability: NoneHardcopy Availability: NCEPI or EPCRA HotlineOrder Number: EPA-745-R-95-012

Emergency Planning and Community Right-to-Know Section 313: List of Toxic ChemicalsWithin the Chlorophenols Category, November 1994.Internet Availability: NoneHardcopy Availability: NCEPI or EPCRA HotlineOrder Number: EPA-745-B-95-004

Emergency Planning and Community Right-to-Know Section 313: List of Toxic Chemicals,September 1996.Internet Availability: NoneHardcopy Availability: NCEPI or EPCRA HotlineOrder Number: EPA-745-B-96-002

Guidance for Reporting Sulfuric Acid Aerosols (acid aerosols, including mists, vapors, gas, fog,and other airborne forms of any particle size), March 1998 RevisionInternet Availability: http://www.epa.gov/opptintr/triHardcopy Availability: NCEPI or EPCRA HotlineOrder Number: EPA-745-R-97-007

List of Toxic Chemicals within the Water Dissociable Nitrate Compounds Category andGuidance for Reporting, May 1996.Internet Availability: NoneHardcopy Availability: NCEPI or EPCRA HotlineOrder Number: EPA-745-R-96-004

Toxics Release Inventory: List of Toxic Chemicals Within the Glycol Ethers Category andGuidance for Reporting, May 1995.Internet Availability: NoneHardcopy Availability: NCEPI or EPCRA HotlineOrder Number: EPA-745-R-95-006

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Toxics Release Inventory: List of Toxic Chemicals Within the Nicotine and Salts Category andGuidance for Reporting, February 1995.Internet Availability: NoneHardcopy Availability: NCEPI or EPCRA HotlineOrder Number: EPA-745-R-95-004

Toxics Release Inventory: List of Toxic Chemicals Within the Polychlorinatd Alkanes Categoryand Guidance for Reporting, February 1995.Internet Availability: NoneHardcopy Availability: NCEPI or EPCRA HotlineOrder Number: EPA-745-R-95-001

Toxics Release Inventory: List of Toxic Chemicals Within the Polycyclic Aromatics CompoundsCategory, February 1995.Internet Availability: NoneHardcopy Availability: NCEPI or EPCRA HotlineOrder Number: EPA-745-R-95-003

Toxics Release Inventory: List of Toxic Chemicals Within the Strychnine and Salts Category andGuidance for Reporting, February 1995.Internet Availability: NoneHardcopy Availability: NCEPI or EPCRA HotlineOrder Number: EPA-745-R-95-005

Release Estimation Guidance

General

Data Quality Checks to Prevent Common Reporting Errors on Form R/Form A, August 1998.Internet Availability: http://www.epa.gov/opptintr/triHardcopy Availability: NCEPI or EPCRA HotlineOrder Number: EPA-745-R-98-012

Estimating Releases and Waste Treatment Efficiencies for the Toxic Chemical Release InventoryForm, December 1987.Internet Availability: http://www.epa.gov/opptintr/triHardcopy Availability: NCEPI or EPCRA HotlineOrder Number: EPA-560-4-88-002

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Releases During Cleaning of Equipment, June 30, 1986. Internet Availability: NoneHardcopy Availability: Prepared by PEI Associates, Inc. for the U.S. Environmental ProtectionAgency, Office of Prevention, Pesticides & Toxic Substances, Washington, DC, Contract Bo. Order Number: 68-02-4248

Air

Chemdat 8/Water 8: Air Emission Models for Waste and Wastewater (for Microcomputers),1994Internet Availability: http://www.epa.gov/ttn/chief/software.html#water8Hardcopy Availability: NTISOrder Number: PB95-503595

Compilation of Air Pollutant Emission Factors, Volume 1: Stationary Point and Area Sources,5th Edition (AP-42).Internet Availability: http://www.epa.gov/ttn/chief/ap42.htmlHardcopy Availability: NCEPIOrder Number: EPA-450-AP-425ED

Protocol for Equipment Leak Emission Estimates, 1987.Internet Availability: http://www.epa.gov/ttnchie1/fyi.htmlHardcopy Availability: NCEPIOrder Number: EPA-423-R-95-017

Tanks 3: Tanks: Storage Tank Emission Estimation Software, Version 3.0 (for Microcomputers),March 1996Internet Availability: http://www.epa.gov/ttn/chief/tanks.htmlHardcopy Availability: NTISOrder Number: PB97-500-755

Water

Chemdat 8/Water 8: Air Emission Models for Waste and Wastewater (for Microcomputers),1994Internet Availability: http://www.epa.gov/ttn/chief/software.html#water8Hardcopy Availability: NTISOrder Number: PB95-503595

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Information and Document Distribution Centers

Enviro$en$e Information NetworkBBS modem: (703) 908-2092User Support: (703) 908-2007Internet Home Page: http://es.epa/gov/index.html

National Center for Environmental Publications and Information (NCEPI)P.O. Box 42419Cincinnati, OH 45242(800) 490-9198(513) 489-8695 (fax)Internet Home Page: http://www.epa.gov/ncepihom/index.html

National Technical Information Service (NTIS)5285 Port Royal RoadSpringfield, VA 22151(800) 553-6847(703) 605-6900 (fax)Internet Home Page: http://www.ntis.gov

OPPT Pollution Prevention (P2) Internet Home Page: http://www.epa.gov/opptintr/p2home/index.html

Pollution Prevention Information Clearinghouse (PPIC)Mail Code 3404401 M Street, SWWashington, DC(202) 260-1023(202) 260-0178 (fax)

RCRA, Superfund & EPCRA Hotline(800) 424-9346 (outside the Washington, DC Area)(703) 412-9810 (inside the Washington, DC Area)TDD: (800) 553-7672 (outside the Washington, DC Area)

(703) 412-3323 (inside the Washington, DC Area)

RTK-Net1742 Connecticut Avenue, NWWashington, DC 20009-1146(202) 797-7200Internet Home Page: http://www.rtknet.org

Technology Transfer Network (TTN)(919) 541-5384 (Help Desk)

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Internet Home Page: http://www.epa.gov/ttn

EPA Toxic Release Inventory General Information and Guidance Internet Home Page: http://www.epa.gov/opptintr/tri

U.S. Government Printing Office (GPO)(202) 512-1800(202) 512-2250 (fax)Internet Availability: http://www.gpo.gov

*For the latest list of industry-specific and other technical guidance documents, please refer to thelatest version of the Toxic Chemical Release Inventory Reporting Forms and Instructions,Appendix H.

United States

Environmental Protection Agency

(7408)W

ashington, DC

20460

Official Business

Penalty for Private Use

$300